Articles
Arbitration Agreements Preventing Employees from Joining Together to Pursue Employment Claims Violate Federal Labor Law
The National Labor Relations Board (“NLRB”) recently considered the issue of whether an employer is in violation of Section 8(a)(1) of the National Labor Relations Act (“NLRA”) when it requires employees covered by the NLRA, as a condition of their employment, to sign...
More Than a Bit of Christmas Cheer!!!
With the holidays quickly approaching, Weiss Attorneys at Law just closed on the sale of a one-third (1/3) interest in a creative company. This proposition was unique in that as a closely-held company, the shareholder was also an employee; and the shareholder will now remain an employee for the long term, continuing as an officer of the company
Employment Law Posters; or How to Decorate Your Break Room
Various state and federal laws require employers to display certain posters for the benefit of both employees and customers informing them of key provisions in the law. Required posters pertaining to a broad spectrum of business and industry, including housing and...
Whistleblower Protection not Invoked for Disclosure to Wrongdoers
There may not be a more conflicting situation for an employee than discovering that their employer is engaged in wrongful conduct in violation of the law. Such a situation presents a number of difficult questions: Should I tell someone? Who should I tell? Should I bring it up to my employer? If I do, will I be retaliated against and lose my job? If you find yourself in the middle of a situation like this, it is imperative that you understand Missouri’s whistleblower protection laws.
Documenting Internal Loans May Prove Key for Companies
Recent news involving the Roberts Brothers and their companies, including the bankruptcy of one of them, centers in part around $800,000.00 in payments transferred from the bankrupt company to other Roberts’ companies. We do not represent the Roberts Companies, nor...
A Primer on Private Nuisance Law in Missouri
In Missouri, a property owner generally has the right to exclusive possession and control of his or her property and the right to devote it to any type of lawful use which satisfies the owner's interests. That right, however, is not absolute. Nuisance is the...
Employee Meal and Rest Break Requirements: Do They Apply to You?
"Take rest; a field that has rested gives a bountiful crop." Ovid (43 BC - 17 AD) The importance of rest and relaxation has been understood for thousands of years, so the general belief that employees who take regular breaks are more productive should come as no...
Beware: Sleeping on the Job Constitutes Misconduct
Missouri employees may want to re-think their sleeping habits after a recent decision by the Missouri Court of Appeals in Nickless v. Saint Gobain Containers, Inc. In that case, an employee was discharged after a co-worker found him asleep on the job. The employee...
MMPA Claims Accrue When Damage Capable of Discovery
The Missouri Court of Appeals recently gave a refresher course on the time of accrual for claims under the Missouri Merchandising Practices Act (“MMPA”). In Ball v. Friese Construction Co., the plaintiff brought suit against the defendant for violations of the MMPA,...
Third-Party Beneficiaries in Missouri: An Overview
Missouri law is clear that to be considered a third-party beneficiary under a contract, the contract must clearly express an intent to benefit that party or an identifiable class to which the party belongs. Milligan v. Chesterfield Vill. GP, LLC, 239 S.W.3d 613, 622...
Duties During and Following Employment: What Rights and Duties Are There?
Things were looking pretty good for your sandwich shop chain. You had expanded into a new market, set up some catering contracts and hired a good manager for your new shop. You were even thinking about taking a little time off for a trip to the Caribbean to work on...
Deficiency Judgments After Foreclosure a Real Possibility in Missouri
Contrary to what some websites state, Missouri permits lawsuits to recover deficiencies between the amounts due under a note secured by a deed of trust and amounts bid in at foreclosure. Alarmingly, recent newspaper and online articles are suggesting that the holders...