Business Law Business Law Resources Labor and Employment Law

DEPARTMENT OF LABOR INCREASES THE MINIMUM SALARY TO EXEMPT WHITE COLLAR WORKERS FROM OVERTIME PAY

On March 7, 2019, the United States Department of Labor (“Department”) announced its Notice of Proposed rulemaking to update the regulations that interpret the Fair Labor Standards Act (“FLSA”). < https://www.dol.gov/whd/overtime2019/index.htm > This law requires employers to pay overtime pay to most workers who work…
Business Law Business Law Resources Copyright Law

Supreme Court Makes It Clear: To File A Copyright Infringement Suit, You Must Have An Issued Registration. A Pending Application To Register Is Not Enough.

Businesses bemoan the fact that their attorneys can never make a concrete legal determination because the applicable law requires a balancing of a myriad of factors – many of which cannot be known until expensive litigation discovery is undertaken.  On March 4, 2019, the Supreme…
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THE LONG VIEW: LEGAL AUDITS ALLOW BUSINESS OWNERS TO AVOID CATASTROPHES AND TO ACHIEVE SUCCESSFUL EXIT STRATEGIES

Many businesses grow and earn profits from year to year, but still face existential threats if legal problems happen.  Others have owners who have reached a point in their lives where they want to exit their business to start a new chapter in their lives. …
Business Law Business Law Resources Trademark Law

Potty-Mouthed Trademarks — Supreme Court to Decide if Federal Prohibition Against Registering Them is Constitutional

It has not been two years since the Supreme Court issued its opinion in the case of Matal v. Tam – a case touching upon an issue near and dear to all of us – free speech.  That case involved the situation in which, Simon…
Business Law Business Law Resources Patent Law Trademark Law

The Ongoing Ambiguity Over Which Inventions Are Patentable And Which Are Not – The Patent Office’s New Guidelines

On January 7, 2019, the United States Patent and Trademark Office issued new 2019 guidelines on how it will go about determining whether an invention is one which the law allows to be patented.  If you have been following the news on this topic then…
Business Law Business Law Resources Labor and Employment Law

WHAT IMPACT WILL MEDICAL MARIJUANA HAVE ON MISSOURI WORKPLACES AND DRUG TESTING BY EMPLOYERS?

On November 6, 2018, Missouri voters approved Amendment 2, the Medical Marijuana and Veteran Healthcare Services Initiative by a margin of 66% to 34%.  It legalized marijuana for medical purposes.  Basically, the amendment allows licensed physicians to recommend marijuana use to patients with any one…
A Rose by Any Other Name: Making Sure Your Trade Name Smells as Sweet.
Business Law Business Law Resources Trademark Law

A Rose by Any Other Name: Making Sure Your Trade Name Smells as Sweet

What’s in a name?  Quite a lot, actually.  Most entrepreneurs are aware that their businesses’ trade name has value as a trademark or service mark and that using someone else’s name could expose them to liability for infringement, but that’s only part of the story. …
Business Law Business Law Resources Labor and Employment Law Uncategorized

Employer Forms Disclosing & Authorizing Background Checks Must Exclude Liability Waivers

Good Reasons Support the Use of Background Checks in the Hiring Process. Many employers run background checks on job applicants before they make an employment offer.  Doing so enables such employers to confirm the truthfulness and accuracy of background information provided by job applicants, such as…
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Big change in Missouri Personal Jurisdiction Law for Non-Missouri Corporations

The Missouri Supreme Court, in a unanimous decision filed on February 28, 2017, held that non-Missouri corporations would not be held subject to the personal general jurisdiction of Missouri courts in civil suits, unless the corporation was organized under Missouri law, had its principal place…
Business Law Business Law Resources Labor and Employment Law

Rescuing Your Defined Contribution Retirement Plan

A plan sponsor of a preapproved, prototype or volume submitter defined contribution plan, including a profit-sharing, 401(k) or money purchase plan, was required to amend and restate the plan’s governing documents by April 30, 2016. See the article “Deadline Looming for Changes to Your Company’s…