Articles
Missouri Supreme Court Ruling Clarifies Tax Sales Requirements
Benjamin Franklin once said, “there is nothing certain except death and taxes.” As the economy has declined, so has the ability of individuals to pay their real estate taxes. If an individual fails to pay their taxes for three consecutive years, their property is...
Employers Cannot Average Hours to Avoid the FLSA’s Overtime Requirements
Section 207(a)(1) of the Fair Labor Standards Act (“FLSA”) provides that “no employer shall employ any of his employees…for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a...
SEC Adopts Rules to Establish Whistleblower Program Under Section 922 of the Dodd-Frank Act
On May 25, 2011, the Securities and Exchange Commission (“SEC”) adopted rules to establish a new whistleblower program, implemented under Section 922 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Act” or “Dodd-Frank Act”). The Dodd-Frank Act was...
Missouri Governor Vetoes Proposed Bill on Discrimination
Missouri Governor Jay Nixon has vetoed Senate Bill 188, stating that to thrive in a global economy, Missouri must be a state that continues to move forward – not backward - when it comes to civil rights and equal opportunity. "Senate Bill 188 would undermine key...
Appealing Real Property Taxes
2011 is a "reassessment year" for real property taxes in Missouri. A property owner's right to appeal an assessment is usually available only in "reassessment years." Unless special circumstances exist, the assessment establishes the value for the next succeeding year...
Missouri Court of Appeals Refuses to Apply “Abuse of Discretion” Standard to its Review of a Benefit Denial Despite “Firestone Language”
A recent decision by the Missouri Court of Appeals limited the scope of the U.S. Supreme Court’s holding in Firestone Tire & Rubber Co. v. Burch, 489 U.S. 101 (1989). In Firestone, the Supreme Court held that “a denial of benefits challenged under § 1132(a)(1)(B)...
Employers can Still Require Compliance with Call-in Policies, Without Violating FMLA
A Minnesota District Court recently held that a returning to work member of the National Guard was subject to proper termination for failure to comply with his employer’s call-in policy. That policy required all employees to report absences directly to a manager, not...
Missouri 2010 Mechanic’s Lien Law Amendments
Missouri contractors and subcontractors have received a bit of extra protection courtesy of the Missouri legislature, with property owners and others receiving benefits as well. Recently enacted provisions amend the Missouri Mechanic's Lien Law to provide protection...
Negotiating, and Defenses to, Personal Guaranties
One of the dreaded documents any business owner faces in a deal is the "personal guaranty." After all, the business owner went through the steps to incorporate or organize their business just to avoid this personal liability, and now a lender, landlord, supplier or...
COBRA: Compliance with Employee Benefits Laws; Not the Snake in the Grass Kind
When business owners hear the term "COBRA," most (hopefully) skip past the images of fangs and hissing and think of employee health care benefits, which, come to think of it, have their own type of fangs and hissing. Larger employers usually lean on human resources...
Foreclosure: Debunking the Myths and Clarifying the Truths
At this time of year, many individuals are engrossed in three hotly debated topics. First, who is going to win the Super Bowl, the Green Bay Packers or the Pittsburgh Steelers; second, are the Cardinals going to sign Albert Pujols this off season; and third, what are...
The Great Recession, the Chink in China’s Armor, and American Ingenuity
I don't need to recite statistics regarding what some are calling the "Great Recession." It has touched every one of us, some harder than others, but it certainly has made for a lasting impression. The news just a few days ago, which resulted in a 250 point drop in...