Over the years, our courts have struggled with the standards to be applied in cases of this nature. It is no secret--employment claims have become more prevalent in our litigious world. Employment law is ever evolving, and most litigators in this area spend significant time tracking cases and legislation to be sure that the advice they provide is based on the most current law and regulations that apply. Because our state legislature has recently adopted a new law that governs these claims, this article is intended to alert employers of the new paradigm that now controls how retaliation claims in the worker's compensation arena will be analyzed by our courts.The Exclusive Cause Test (Old Law):Employers are prohibited from discharging or discriminating against employees who exercise their rights under the Missouri workers' compensation law. Since at least 1984, the Missouri Supreme Court held that an employee who files a lawsuit claiming he was retaliated against in violation … [Read more...] about Missouri law on worker’s compensation retaliatory discharge claims has been in flux.
The death of a spouse can be one of the most challenging events that life has to offer. In addition to the emotional toll, an avalanche of legal and financial issues will arise that try to throw your life further into disarray. The goal of this article is to make the process a bit easier by providing those who have found themselves recently widowed with a checklist of the most important matters you must deal with after a spouse passes. While not all-inclusive, what follows is critical information that can save you precious time, money, and energy during a time when such relief would undoubtedly be welcomed.Funeral Arrangements and Organ DonationObviously one of the tasks you will need to accomplish early in the process involves funeral and burial arrangements for your loved one. Determine whether or not your spouse prepared an advance health care directive or other document which outlines exactly how they wish to be buried and whether they desire for their body or organs … [Read more...] about Five Steps to Take Following a Spouse’s Death
The Achieving a Better Life Experience Act of 2014 (“ABLE Act”), a part of the Tax Increase Prevention Act of 2014, was signed into law on December 19, 2014. The law allowed for states to establish their own ABLE programs under the federal guidelines. ABLE accounts are now open for enrollment in twenty-two states, including Missouri. Missouri Senate Bill 174 created the Missouri Achieving a Better Life Experience (ABLE) effective August 28, 2015. The Missouri Department of Social Services issued IM-96 on October 26, 2015, setting forth regulations regarding how ABLE funds would be treated and the impact of such funds on the eligibility for Mo. Healthnet, Food Stamps, Temporary Assistance and Child Care Subsidy. Since that date, eligible individuals with disabilities living in Missouri now have an option to set up an investment account, known as a STABLE account, that can be used to save and invest money without losing eligibility for certain public benefit programs.One of the … [Read more...] about Continuing Evolvement of ABLE Accounts Under Missouri Law
On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 (the “DTSA” or the “Act”), representing the most significant trade secret reform legislation in several decades. The primary objective of the DTSA is to modernize and strengthen trade secret law in the United States. While the Act became immediately effective upon its passage, its provisions only apply to trade secret misappropriation occurring on or after the date of its enactment. For employers and business owners, the DTSA adds to the protections afforded to valuable trade secrets. However, there are also several provisions of the Act related to whistleblower protections and employee notification requirements that necessitate immediate action on the part of employers to ensure their businesses comply with this new legislation.Strengthening of Trade Secret ProtectionsTrade secrets, as one form of intellectual property, provide great value to the economy and to companies themselves. It is … [Read more...] about Defend Trade Secrets Act Greatly Benefits Employers
CECB is pleased to announce Mr. Andrew K. Bennett as the Chair of our Banking and Financial Services Group. Mr. Bennett is a member of the Bank Counsel Section of the Missouri Bankers Association, which is made up of member attorneys from across Missouri who focus their practice on representation of financial institutions. CECB is an associate member and proud supporter of the Missouri Bankers Association. Other members of the Banking and Financial Services Group include John M. Carnahan, Frank C. Carnahan, C. Bradford Cantwell, Julie T. Brown, Joseph D. Sheppard, John E. Price and Christiaan D. Horton.The Banking and Financial Services group at CECB provides a full range of services to financial institutions, including advice on formation, regulatory compliance, operations, mergers and acquisitions, complex commercial loan transactions, estate and trust administration, loan enforcement, and protection of creditors’ rights, including bankruptcy representation in U.S. Bankruptcy … [Read more...] about CECB Banking and Financial Services Group of CECB