Category: Business Law

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—  By Gerry Richardsonmode_comment0 Comments

ILLINOIS LAW LEGALIZING CANNABIS FOR ADULTS IN THE NEW YEAR MAKES EMPLOYER DRUG TESTING AND DISCIPLINARY ACTION FOR WORKPLACE MARIJUANA USE HAZY

I. Illinois’ New Law Legalizing Cannabis for Adults Authorizes Employers to Maintain Zero Tolerance or Drug Free Workplace Policies and to Conduct Drug Testing. The Illinois General Assembly enacted the Cannabis Regulation and Tax Act (“Cannabis Act”) on May 31, 2019.  Governor J.B. Pritzker signed…
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Recent Missouri Supreme Court Opinion Upholds Legislative Amendment Process

Have you ever intently followed legislation that you supported—an education bill, for instance—only to find out that another education-related proposal you didn’t like had been added to the bill as an amendment?  While this can be frustrating to the observing citizen, it certainly is not…
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HOW TO MANAGE THE FAIR LABOR STANDARDS ACT’S EXEMPTION FOR OUTSIDE SALES REPRESENTATIVES

Most employers that pay their outside sales representatives on a commission basis do so because of long-established practices, rather than a sound understanding as to how the Fair Labor Standards Act (“FLSA” or “Act”) impacts such a compensation practice.  Generally, the Act requires employers to…
Business Law Business Law Resources Labor and Employment Law
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HOW TO USE SOCIAL MEDIA DURING RECRUITING AND HIRING WITHOUT LIABILITY

Seven in ten Americans use social media, according to the Pew Research Center.  They connect with one another, access content, share information, and entertain themselves through social media.  When the Pew Research Center first surveyed the use of social media in 2005, only five percent…
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Missouri Gives Go-Ahead to Public-Private Partnerships for Universities

On July 10, 2019, Missouri Governor Mike Parson signed legislation that permits state universities to use public-private partnerships (also known as “P3s”) to deliver projects on their campuses.  Specifically, the law will allow a higher-education institution to enter into “a long-term concession with a private…
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HIRING AND RECRUITING IN TIGHT LABOR MARKETS

The unemployment rate hovered at a 49-year low of 3.6 percent in both April and May of 2019.  Low unemployment typically creates a jobseeker’s market in which workers find plentiful attractive job openings.  On the other side of the equation, however, employers usually have a…
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—  By Don Kellymode_comment0 Comments

GREEN LIGHT FOR POTTY-MOUTH BRANDING!

SUPREME COURT RULES LAW PROHIBITING REGISTRATION OF IMMORAL OR SCANDALOUS TRADEMARKS IS UNCONSTITUTIONAL Only two years ago, in the case of In re Tam, the Supreme Court unanimously ruled that the federal law (the Lanham Act) that prohibited registration of “disparaging” marks violated the First…
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—  By Ron Hackmode_comment0 Comments

ILLINOIS EMPLOYERS NO LONGER HAVE IMMUNITY FROM ASBESTOS LAWSUITS BROUGHT BY FORMER EMPLOYEES

On May 17 , 2019, Governor J.B. Pritzker signed legislation that lifted restrictions for workers suffering from occupational diseases resulting from exposure to toxic substances such as mesothelioma and lung cancer resulting from asbestos exposure for filing civil actions against their former employers. Supported primarily…
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—  By Kevin Corlewmode_comment0 Comments

Missouri Legislature Expands Opportunities for Industrial Hemp in the State

The Missouri General Assembly recently passed legislation to expand the cultivation and processing of industrial hemp in Missouri.  Senate Bill 133, passed on May 15, 2019, has been sent to Governor Parson’s desk for his signing. Before we discuss the 2019 legislation, a brief overview…
Business Law Business Law Resources Canabis Patent Law Trademark Law
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The United States Patent & Trademark Office Issues Guide for Applications to Register Cannabis-Related Marks

On May 2, 2019 the United States Patent & Trademark Office (USPTO) issued new guidelines for businesses seeking to obtain registrations for cannabis-related marks.  Any company that is in –  or wants to be in – the CBD, hemp or medical marijuana business and is…