Articles
The Surprise Partner in Financing Your New Condominium Home: The Condominium Association
With the recent upswing in the housing market after enduring more than five years of the Great Recession, home buyers looking to buy a condominium have more than the size of their down payment and credit score to worry about. The condominium project and its...
Promises, Promises
The Missouri Court of Appeals recently considered whether an electrical contractor pleaded sufficient facts to establish that a “promise” was made by a general contractor to use the electrical company on a building project for St. Louis County. In its petition, the...
Taxicab Drivers Are Employees Under the Missouri Human Rights Act
The Missouri attorney general recently filed a complaint with the Missouri Commission on Human Rights (the "Commission") alleging that a taxicab company discriminated against a taxicab driver in violation of the Missouri Human Rights Act ("MHRA"). Specifically, the...
This Land Is My Land; This Land Is Your Land; Who Gets the Land?
Recently, the Missouri Court of Appeals had to decide the rightful owner of a 292-square-foot piece of land, aptly described as a “triangular sliver of property.” This involves a legal claim of adverse possession. In an otherwise tranquil subdivision, an existing...
Employee Handbook Collides With Federal Law on Communications
The National Labor Relations Board issued a decision that two provisions in an employee handbook and two corporate policies were unlawful because employees would reasonably construe them as prohibiting Section 7 activity. Section 7 of the National Labor Relations Act...
Appealing Real Property Taxes
2013 is a "Reassessment Year" for real property taxes in Missouri. Although a property owner's right to appeal an assessment is available in any year, such right is most often exercised only in "reassessment years." Unless special circumstances exist, the assessment...
Should I Stay or Should I Go Now?
The Missouri Court of Appeals recently decided a case as to whether a reasonable person in an employee’s situation would find his or her working conditions intolerable. The decision focuses on a lesser-known employment action known as “constructive discharge.” Under...
Business Drudgery
Let’s face it. There is a world of things we would rather do with our businesses than general housekeeping. But, just like a good spring cleaning at home, periodically, and certainly every couple of years, there are just some things that you should do with your...
Punitive Damages: Are You Kidding Me?
Punitive damages, while somewhat controversial, have been a well-established part of civil law in the United States since the mid-1800s. Punitive damages are best defined as monetary compensation awarded to an injured party that goes beyond those damages which are...
Do an Employee’s Privacy Rights Extend to Company-Owned Communication Devices? The Answer May Surprise You.
The question is simple: does an employer have a right to monitor and store an employee's personal communications on a company-owned communication devise (i.e., PDA, laptop, cellphone, etc.)? Recent federal decisions suggest the answer is "yes" so long as (1) the...
Working 9 to 5, Are We Saying Goodbye?
Tumble outta bed And I stumble to the kitchen Pour myself a cup of ambition And yawn and stretch And try to come to life — Dolly Parton, "9 to 5" Long before the 24/7 label came to life, country star Dolly Parton lamented about the legendary beginning to a "typical"...
Luck is the Residue of Design
I heard that quote from a one-man play this past weekend, "The Branch Rickey Story." Mr. Rickey was a baseball executive in the early to mid-20th century. His greatest innovation was the baseball farm system, whereby young talent is recruited and developed for the...