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Small Business Blog


Property Ownership by Pass Through Entity
Despite the downturn in the economy, many individuals may see being a landlord as an easy money maker, but there are things that should be considered prior to entering into that first lease.  One of...

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Documenting Internal Loans May Prove Key for Companies
Recent news involving the Roberts Brothers and their companies, including the bankruptcy of one of them, centers in part around $800,000.00 in payments transferred from the bankrupt company to other...

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Businesses Should Not Overlook the Importance of Evidence Preservation in Today’s World of E-Discovery
Larger corporations have faced this reality for many years:  litigation involving records can be extremely costly, very disruptive and just a pain in the “you-know-what.”  Now smaller companies...

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High Court Holds that Oral Complaints Fall Within the Anti-Retaliation Protections of the FLSA
The United States Supreme Court recently ruled in Kasten v. Saint-Gobain Performance Plastics Corp. that an employer’s termination of an employee in response to an oral complaint about working...

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Equal Employment Opportunity Commission Issues Final Regulations under the Amendments to the Americans with Disabilities Act
In 2008, the United States Congress enacted amendments to the Americans with Disabilities Act of 1990 (“ADA”).  In March 2011, the Equal Employment Opportunity Commission (“EEOC”), which is...

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Missouri Improves as a Place to do Business
CNBC just posted a ranking of states for doing business in 2011.  Missouri inched up one spot to the No. 16 spot for 2011.  The primary factor in the ranking was the cost of doing business, where...

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When is a receipt not a receipt?
It turns out, not all receipts are created (or printed) equally.  The Ninth Circuit Federal Court of Appeals recently joined the Seventh Circuit in holding that e-mailed receipts are not...

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Employers Cannot Average Hours to Avoid the FLSA’s Overtime Requirements
Section 207(a)(1) of the Fair Labor Standards Act (“FLSA”) provides that “no employer shall employ any of his employees…for a workweek longer than forty hours unless such employee receives...

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Missouri Court of Appeals Refuses to Apply “Abuse of Discretion” Standard to its Review of a Benefit Denial Despite “Firestone Language”
A recent decision by the Missouri Court of Appeals limited the scope of the U.S. Supreme Court’s holding in Firestone Tire & Rubber Co. v. Burch, 489 U.S. 101 (1989).  In Firestone, the...

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Negotiating, and Defenses to, Personal Guaranties
One of the dreaded documents any business owner faces in a deal is the "personal guaranty." After all, the business owner went through the steps to incorporate or organize their business just to...

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