Articles
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....
Commercial Office Space or Co-Working Space: Options and Trade-Offs
For many entrepreneurs and small business owners, and even employees of larger companies, a centralized workplace is increasingly unnecessary, and the "workplace" has shifted to "any place," so long as that place has Wi-Fi. However, the freedom to work from anywhere...
When Should I Put Rental Property Into an LLC?
Increasingly, people are considering leasing their homes when they move or purchasing homes to lease specifically for investment purposes. While there are many factors to consider when leasing a piece of real estate that you own, one important consideration is who...
FLSA Overtime Rule Still in Limbo After Trump’s Appointment of DOL Secretary
Toward the end of the Obama Administration, in May 2016, the Department of Labor finalized a rule that was to raise the salary test threshold for the Fair Labor Standards Act (FLSA) from $23,660 to $47,476. That rule was to take effect December 1, 2016 but never went...
Employer Knowledge of Extra Hours Necessary for Overtime Claim, Missouri Appeals Court Says
“Skill to do comes of doing, knowledge comes by eyes always open, and working hands; and there is no knowledge that is not power.” - Ralph Waldo Emerson Little did Ralph Waldo Emerson know that his observation would foreshadow a recent decision from the Missouri Court...
City of St. Louis 2015 Minimum Wage Ordinance Finally Takes Effect – Immediately
Today, May 5, 2017, the minimum wage in the City of St. Louis will increase to $10 per hour. City of St. Louis Ordinance No. 70078 was adopted in 2015 but was enjoined because of a lawsuit challenging the validity of the Ordinance; this injunction was lifted...
Recovering Delinquent Condominium Assessments; Scope and Limits of Missouri’s Super-Priority Lien
In 2014 the Missouri Legislature passed, and then-Gov. Nixon signed into law, an amendment to the Missouri Uniform Condominium Act, which granted condominium associations the right to collect up to six months of delinquent common expense assessments as a...
New Era for Physician Employment Contracts with wRVUs Becoming Predominant
There has been a significant uptick in employment of physicians by large physician groups, hospitals, and health care systems since the changes in health care reform that occurred during the Obama Administration. As a result, more and more physicians are entering...
A River Runs Through It: Border States of Missouri and Illinois Differ on the Law of Non-Compete Agreements
The width of the Mississippi River is 1,880 feet as it glides past The Gateway Arch, forming a watery boundary between Missouri and Illinois. These states are also separated in their approach for the legal requirements of a non-compete agreement between an employer...
Working From Home Sweet Home
Rewards, Risks and Legalities of a Telecommuting Workforce In today's electronically connected workforce, telecommuting, or working from home, is easier than ever. Some research indicates that higher productivity can be achieved when employees work from home. At the...