Articles
Time Off for Voting In Missouri? Maybe, Maybe Not
All elections are important; it's just that some elections seem more important than others. Presidential election cycles always fall into that latter category, and thus this upcoming primary election, and then the general election in November, are of perceived, if not...
Overruling Van Deusen: Finally, “Amended” Means Just What the Dictionary Says
It has been well-settled law in Missouri that when it comes to indentures and restrictive covenants limiting the use of real property, the ability to amend such an instrument was to be restricted to only those amendments that lessened, alleviated or made such...
To Stem or Not to Stem? That Is the Question.
This owner of Amighetti’s on the Hill wasn't going to let anyone tell him to cut the stems off his pepperoncini. That and other disagreements with the Amighetti brand led Dominic Consolino to shutter the famed sandwich shop's location in St. Louis' renowned Italian...
What Happens to Your Business if You Can’t Return to Work?
The number of, and the economic powerhouse created by, owner-entrepreneur and family businesses is astonishing. Entrepreneurs and family businesses account for 64 percent of the entire U.S. gross domestic product, generate 62 percent of the country's employment and...
Voting Leave in Missouri: When Are Employers Required to Give Time Off for Voting?
It seems like the campaign ads, especially the negative, bombastic ads, have been hitting all of us for months. Now the mid-term election is just days away (and then, fortunately, the ads will stop). Of course, regardless who wins the elections and what propositions...
Playing by the Rules: Not Just Fair, But a Legal Prerequisite
Far too frequently, the explanation for an action taken by a condominium or subdivision association's directors, trustees or managers that, on its face, is obviously contrary to the association's declaration, indenture, articles of incorporation, bylaws or rules, is...
When Stock Certificates Disappear
When operating a corporation, it is important to observe corporate formalities. This will ensure that the corporation protects the individual shareholders from the corporation’s liabilities but it can also protect shareholders from costly mistakes. In the recent case...
Raising Assessments, Conflict Between Declaration and By-Laws, and the Business Judgment Rule
In a decision handed down less than two weeks ago by the Missouri Court of Appeals, the court was confronted with a case involving the proper method for calculating a maximum annual assessment by the subdivision's board of directors absent a vote of the homeowners. In...
Court says “STOP” to former employee due to his non-compete agreement
A Missouri federal court has entered an injunction stopping a former national sales director from taking a position with a competitor company in the pharmacy services industry, finding that the disclosure of confidential information such as customer information and...
Obama FLSA Rules Will Not Take Effect; However Future Changes to Salary-Test Imminent
In the final quarter of last year, many employers began frantic preparations in anticipation of a new DOL Overtime Rule that was to take effect December 1, 2016. This rule was to have raised the overtime salary-test exemption threshold from $23,600 to $46,476, meaning...
S Corporations — A Brief Summary
When forming a new company, it is important to consider not only the type of entity being formed but also how that entity will report and pay taxes. In certain situations, it may make sense for a corporation or LLC to elect to be taxed under subchapter S of the...
Court of Appeals Reinstates a Wrongful Discharge Claim Involving an Order of Protection
The Missouri Court of Appeals recently noted that while cognizant of an employer facing challenging situations in our modern workforce, an employer must not demand as a condition of continued employment that an employee act contrary to her physical safety by...