Missouri Supreme Court Holds Punitive Damage Cap on Common Law Claims Unconstitutional 

 

 

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Ok, so maybe it's not that new anymore (the law was signed on May 22, 2012, and effective as of January 1, 2013), but we think some of the effects are just now starting to be realized. The law eliminates Kansas individual income tax on business income earned in pass-through entities. This includes sole proprietorships, partnerships, LLC's taxed as partnerships, and S-corps. So what are we seeing as recent effects of this law, and how can this benefit our clients?

 

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Tips for Missouri Employers

By Don Lolli

• Missouri Statute � 290.110 requires an employer who discharges an employee, with or without cause, to provide the employee his final paycheck on the day of the discharge. This does not apply to a commission-based employee whose duties include collection of accounts, care of stock or merchandise and similar activities where an audit is needed to determine the net amount due.

• If a Missouri employer does not provide a final paycheck to a discharged employee, on written request for his paycheck, the employer has seven (7) days to pay the balance or be subject to a penalty. The penalty is that wages continue to accrue until paid for a maximum of sixty (60) days.
   
• Under the National Labor Relations Act, employees have the right to engage in "concerted activities" including the right to discuss terms and conditions of employment with other employees. It is an unfair labor practice for an employer to restrict or deny this right. (Employers may want to review the company's Employee Handbook or rethink any unwritten policy or practice which does not conform).
   
• The Equal Employment Opportunity Commission has issued guidelines against any overly-broad use of criminal background checks to screen potential employees, but does not prohibit the use of criminal background checks. The EEOC guidelines are complex and should be discussed with an attorney prior to adopting a policy for criminal background checks of potential employees.

Amanda Pennington Ketchum attended the Missouri Bar summer meeting at Big Cedar Lodge in July as the Immediate Past Chair of the Young Lawyers Council. In addition to attending the Council and Affiliate Outreach Program meetings, she was able to enjoy the cowboy singer at the Buzzard Bar with fellow Missouri Bar board members and a dinner with entertainment provided by Judge Curless' band. Austin Dowling, also an elected member of the Young Lawyers Council, attended the summer meeting as well.

Maggie Wilcox, daughter of John Wilcox, recently graduated from Notre Dame de Sion. She is now attending Truman State University. Truman State has been ranked as one of the top ten universities in the Midwest by U.S. News & World Report.

Matthew Montemore, son of Marty Montemore, graduated from the University of Colorado with a Ph.D. in Mechanical Engineering. He was offered postdoctoral positions at both MIT and Harvard. However, he chose to accept the offer from Harvard and will begin October 31, 2014.

On June 14, 2014, Dysart Taylor Associate Patrick Guinness and Stephanie Sommer were wed at Our Lady of Lourde's Parish in Raytown, Missouri.

John Wilcox recently learned to scull at Wyandotte County Lake. Believe it or not, no one got wet.