Articles
Janus Knows Litigation
January derives its name from Janus, a two-faced god from ancient Rome, who looks to both the future and the past. Having long retired from his days as the ruler of Latium, Janus today demonstrates some important lessons about the ins and outs of current-day...
Federal Labor Laws Protect Group Activity through Social Media but not Individual Gripes
Section 7 of the National Labor Relations Act (“NLRA”) provides that “[e]mployees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other...
Statements about an Independent Third Party’s Future Acts do not Constitute Actionable Misrepresentation
On January 23, 2012, the Missouri Court of Appeals issued a decision reaffirming that a party cannot bring a claim for misrepresentation relating to statements, representations or predictions about an independent third party’s future acts. In Massie v. Colvin, et...
Quotable Quotes on the Law and Lawyers
On the east-facing, exterior wall of the City of St. Louis Circuit courthouse, it is written in stone, “Where law ends, Tyranny begins.” That worthy observation is attributed to William Pitt, the one-time Prime Minister of Great Britain in the 1780s. His words are...
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...