Articles
Home Sweet Home: Heritage Value Damages of $650,000 Affirmed in Condemnation Case
The Missouri Supreme Court has ruled that an award of heritage value damages in a condemnation case is valid under the state constitution. The Court first examined Article I of the Missouri Constitution, which provides "that private property shall not be taken or...
Does Smartphone Use Require Overtime Pay?
The year was 1938. The New York Yankees were playing the Chicago Cubs in the World Series. The Cubbies came up on the short end of a 4-0 sweep. The romantic-comedy film "You Can’t Take It With You" garnered Academy Awards for Best Picture and Best Director, Frank...
Notice to Employees of Coverage Options Due October 1, 2013
The Patient Protection and Affordable Care Act ("ACA") requires that all employers covered by the Fair Labor Standards Act notify their employees by Oct. 1, 2013, of the coverage options available to them through the Health Insurance Marketplace. Who Must Provide the...
Employment Contracts: The Fine Line Between a "Definite Statement of Duration" and a Mere "Salary Equation"
On April 1, 2011, Michael R. Tettamble, Jr. ("Tettamble") and TCSI-Transland, Inc. ("TCSI"), signed an employment contract which provided that Tettamble's compensation would be "$1,250 per week for 52 weeks = $65,000." Tettamble began employment with TCSI on April 4,...
High Court Ruling Confirms Who’s the Boss
The Supreme Court of the United States recently decided who constitutes a "supervisor" for the purpose of analyzing harassment claims under Title VII of the Civil Rights Act of 1964. The Court's ruling in Vance v. Ball State University is significant because it has...
Dude, Where’s My Body?
A recent decision by the Missouri Court of Appeals now requires rethinking with respect to the structure and effectiveness of Health Care Durable Powers of Attorney that contain provisions regarding "right of sepulcher." The right of sepulcher refers to "the right to...
Lying or Falsifying Documents Not ‘Misconduct’ for Purposes of Unemployment Unless Material to Employment
The Missouri Court of Appeals recently held that an employee’s termination based upon lying or falsifying documents should not result in a denial of unemployment benefits based upon “misconduct connected with work” unless the falsification is material to the...
Police Chief’s Good Intentions Do Not Avoid FLSA Liability
A Missouri federal court recently found that while a police chief attempted to better the department through new scheduling orders, his actions violated the Fair Labor Standards Act ("FLSA"). As a result, the court awarded liquidated damages to record clerks who were...
Girlfriend Buys New Car, Boyfriend Terminated, Legal Claim Denied
The Missouri Court of Appeals has ruled in favor of a Honda dealership in response to a wrongful-discharge lawsuit brought by a former sales manager. The dealership had a policy that employees and members of their household were prohibited from buying a new Honda from...
Ordinary and Necessary Compensation
A question was recently asked in the St. Louis Small Business Monthly by a reader who wondered whether or not he was missing the bus by not reducing his salary to a low amount, thereby being able to take more as an S-corporation distribution. We wrote about this issue...
Subdivision Can’t Have It Both Ways
A recent decision by the Missouri Court of Appeals addresses the tricky situation where a subdivision, unable to supply an amenity in sufficient quantity and quality to all of the lot owners, makes construction of new homes expressly conditioned on those lot owners...
New Level of Proof Required for Retaliation Claims, says U.S. Supreme Court
With the United States Supreme Court’s term having recently come to a close, the Court has issued an opinion concerning what an employee must prove to prevail in a retaliation lawsuit for discrimination based upon the protected classes of race, color, religion, sex...