Articles
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...
Social Networking Passwords Protected by New Illinois Law
Recently, Illinois passed a new law that protects potential and current employees’ privacy rights. Effective January 1, 2013, House Bill 3782 makes it unlawful for an employer to request or require an employment applicant or employee to provide any password for the...
A Primer on Unemployment Claims in Missouri
Chapter 288 of the Missouri Revised Statutes, commonly known as the “Missouri Employment Security Law,” governs all claims for unemployment benefits. To be eligible for unemployment benefits under Section 288.040, RSMo., a claimant must, among other things, lose...
A Supervisor is not an “Employer” for Purposes of a Wrongful Discharge Claim
There has long been a debate over what exactly constitutes an “employer” as that term is defined under Missouri’s employment laws. While Missouri courts have made it clear that an “employer” can include individuals in addition to the company itself, individual...