Business Law | Blog for Business Law

— By Brendan MurphyApril 23, 20200 Comments

Social Distancing, Quarantine, and Effective Estate Planning in a Pandemic

For many of our business clients, addressing the realities of estate and business succession planning amid the COVID-19 pandemic may seem unnecessarily alarmist or generally depressing. However, it is an all too necessary and practical concern for the sober-eyed, forward-thinking business leaders that make up…

— By Gerry RichardsonApril 2, 20200 Comments

HOW DOES THE COLLISION OF THE COVID-19 PANDEMIC WITH WORKPLACES POSE SAFETY ISSUES FOR EMPLOYERS?

The Occupational Safety and Health Act (“OSH Act”), requires employers to satisfy the safety and health standards and regulations issued and enforced either by the Occupational Safety and Health Administration (“OSHA”) or by an OSHA-approved State Plan. In addition, the OSH Act’s General Duty Clause,…

— By Gerry RichardsonMarch 20, 20200 Comments

COVID-19 DISRUPTS WORKPLACES AND CONFRONTS EMPLOYERS WITH COMPLICATED LABOR AND EMPLOYMENT LAW ISSUES

The COVID-19 Pandemic has forced employers to face public health, customer service, workforce, travel, and business disruptions in constantly evolving circumstances. Many of the decisions that employers must make on-the-fly create unintended consequences with serious labor and employment law liability issues. This blog will address employment discrimination and leave law-related issues raised by the Covid-19 pandemic.

— By Gerry RichardsonDecember 19, 20190 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…

— By Kevin CorlewOctober 22, 20190 Comments

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…

— By Gerry RichardsonAugust 29, 20190 Comments

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…

— By Gerry RichardsonJuly 31, 20190 Comments

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…

— By Kevin CorlewJuly 11, 20190 Comments

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…

— By Gerry RichardsonJune 26, 20190 Comments

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…

— By Don V. KellyJune 25, 20190 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…