Articles
Missouri and Federal Law Protect against HIV Discrimination
Currently, both Missouri and Federal law forbid discrimination against individuals with HIV. The text of Section 191.665 of the Missouri Revised Statutes states that the Missouri Human Rights Act “shall apply to individuals with HIV infection.” Included in the...
Illinois Wage Payment and Collection Act Requires Payment of Agreed-Upon Bonus to Departing Executive
The Illinois Wage Payment and Collection Act states that when the employment of an employee ends, the employer is required to pay all final compensation, including earned bonus owed pursuant to an employment contract or agreement between the two parties. In the case...
Non-Compete Law Takes Shape After Illinois Supreme Court Decision
In 2011, the Illinois Supreme Court issued an important decision about non-compete provisions in an employment agreement. The Illinois high court politely told the other appellate judges in Illinois that for the last 30 years, their court decisions had veered...
The Impact of the Affordable Care Act – Employer Shared Responsibility Payments and the Small Business Health Insurance Tax Credit
Today, one of the most pressing issues concerning nearly all small business owners as well as their employees is the impact of the federal health care legislation signed into law by President Obama in March 2010, the Patient Protection and Affordable Care Act ("ACA")....
Important Change for Employers in 2013 Under the Fair Credit Reporting Act
Beginning January 1, 2013, employers are required to provide a new version of the form entitled "Summary of Your Rights Under the FCRA" ("Summary of Rights") to individuals before taking any adverse action based on the contents of a consumer report. Importantly, the...
SPECIAL E-LAWLINES ARTICLE: INFORMATION WHICH COULD IMPACT THE IMPARTIALITY OF JUDGES IN MISSOURI
Changes to the Missouri Non-Partisan Court Plan Are Headed to the Ballot On November 6, 2012, Missouri voters will decide whether to approve or strike down proposed Amendment 3 to the Missouri Constitution. If approved, Amendment 3 would have the effect of eliminating...
Beware: A Response to an Amended Pleading Should Be All-Inclusive
Defendants routinely file counterclaims in response to the claims asserted against them. Oftentimes, defendants include their counterclaim(s) with their initial answer. Under these circumstances, if a plaintiff thereafter files an amended pleading, the defendant...
Listen, Do You Want to Know a Secret?
As George Harrison crooned this 1964 hit on the "Please Please Me" album by the Beatles, his target audience likely featured hordes of screaming admirers in Liverpool. But what if he had asked this question of an attorney while on U.S. soil? Could his legal counsel...
A Primer on Damages to Real Property in Missouri
The general rule in Missouri for damages to real property is the “diminution in value” test, which is calculated by determining the difference between the fair market value before and after the event causing the damage. With respect to fraudulent misrepresentation...
Can a Judgment Debtor Still “Plead the Fifth” in Missouri?
Under Section 513.308 of the Missouri Revised Statutes, a party can obtain an order directing a judgment debtor to be examined under oath regarding the existence and location of any assets, liabilities or sources of income that could be used to satisfy the judgment....
Missouri Supreme Court Clarifies Permissible Scope of Non-Compete Agreements
The Missouri Supreme Court recently held that a non-compete agreement limiting the solicitation of potential customers of a large, national company was overbroad. A non-compete agreement is meant to protect an employer’s trade secrets and/or customer contacts. In...
Minding the Mine Fields: Commercial Leases and Hidden Costs
There are so many variable expenses when starting or growing your business that there is no reason to voluntarily agree to another one, especially when it is often a major expense. That would be the cost of occupancy for your business. And the landlord should want a...