Articles
Pennywise and Pound Foolish: Personal Liability Imposed after Piercing Corporate Veil
Most states require if you do not do business under your own name that you must register the fictitious name (or trade name) with the Secretary of State of the jurisdictions in which you conduct your business. Failure to do so can expose a business owner to personal...
The Other Storm Mode: Watching Out for Unscrupulous Contractors
Missouri statute addresses how residential contractors are to conduct business in Missouri. A residential contractor is prohibited from advertising or promising to pay or rebate all or any portion of any insurance deductible as an inducement to the sale of goods or...
Convenience ≠ Necessity for Private Roads
The requirement for creation of a private road by strict necessity was recently addressed by the Missouri Court of Appeals in a suit brought by a farmer in southern Missouri to create a mile-long road on an adjacent neighbor’s property. While the court will use its...
For a Hole in Your Case or a Whole New Case
In a case handed down last month, the Missouri Court of Appeals denied an owner of one of three units in a condominium to bring an action against John Beal, Inc. ("Beal"). Beal had contracted with the Raymon Condominium Association to provide brick work on some, but...
Missouri Court Says “No” to Easement Over Your Own Land
Missouri courts are clear: a property owner cannot have an easement over his or her own land. This principle was reiterated in a recent Missouri decision, which addressed a unique situation in which a landowner attempted to record an easement burdening one portion of...
Missouri Court Finds Employer Liable for Sexual Harassment by Customers
A recent decision by the Missouri Court of Appeals reiterated the circumstances under which an employer may be held liable for sexual harassment. In Delise Diaz v. AutoZoners, LLC, et al., the plaintiff filed suit under the Missouri Human Rights Act (“MHRA”) against...
Supreme Court Ruling on Same-Sex Marriage Impacts Family Medical Leave Act Rights
The U.S. Supreme Court of the United States issued its decision in Obergefell v. Hodges, holding that the U.S. Constitution guarantees same-sex couples the freedom to marry. Specifically, the decision holds that the right to marry is a "fundamental right" and that all...
To Solicit Or Not Solicit? That is The Question.
While Shakespeare did not plot his plays around non-solicitation agreements between employees and employers, this area remains an actively litigated one in today's workplace. Most of these agreements provide that an employee, after the employment relationship ends,...
Navigating the Crossroads of Mental Disabilities and Reasonable Accommodation in the Workplace
Under the Americans with Disabilities Act (ADA), an employer must "make reasonable accommodation to the known physical or mental limitations of an otherwise qualified applicant or employee with a disability, unless the employer can demonstrate that the accommodation...
Federal law prohibits job discrimination against military personnel
The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects civilian job rights and benefits for veterans and members of Reserve components. Under this important statute, an individual may be absent from work for military duty and retain...
“Me Too” evidence addressed by Missouri Supreme Court
The Missouri Supreme Court has just issued a major ruling on whether “me too” evidence is admissible in an employment discrimination lawsuit brought pursuant to the Missouri Human Rights Act. The case involves an age discrimination claim brought by a former employee...
City Ordinance to Raise Minimum Wage Challenged in New Lawsuit
On August 28, 2015, Mayor of St. Louis Francis Slay and the Board of Aldermen passed a new ordinance that would gradually increase the minimum wage in the city of St. Louis to $11.00 by January 1, 2018. The ordinance called for the minimum wage to increase to $8.25 on...