Articles
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...
Proper Formation and Procedures for Condominium and HOA Committees
Frequently, when something novel is proposed to a condominium or subdivision association, or when an issue seems to dog an association, the board looks to approve a committee to study the issue, suggest options and report back to the board at some point in time. We’ve...
My Neighbor’s Tree
For many property owners, landscaping and trees are sources of great pride and enjoyment. But sometimes even life’s simplest joys become complications, and neighbors often disagree whether the stately sweetgum reaching over the fence is a beauty or a nuisance. What...
New Legislation Renders New City of St. Louis Minimum Wage Increase Short-Lived
On May 5, 2017, an injunction on City of St. Louis Ordinance No. 70078 was lifted raising the minimum wage in the City of St. Louis to $10 per hour. However in the waning hours of the Missouri 2017 legislative session, the Missouri General Assembly passed House Bill...
Court Rules That Assistant Store Manager Not Exempt For Overtime Pay Purposes
A recent federal court ruling demonstrates the important legal reality that judges will look beyond an employee’s title and, instead, examine the actual duties performed in determining whether there are overtime pay obligations under the Fair Labor Standards Act....