Category Archives: Legal issues

Finding Harmony with Labor

  In tough economic times, the entertainment industry, like many employers, must negotiate with labor unions to find cost savings. During these negotiations, each side has “economic weapons” at its disposal that can be used to apply pressure and gain leverage in the bargaining process. For unions and their members, that leverage often takes the form of a strike or

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Avoiding the pitfalls of a recent work comp ruling

The Missouri Supreme Court recently overturned 30 years of precedent and reduced the standard of proof required by employees who seek benefits established by the workers’ compensation law and then experience retaliation afterward. The court, in Templemire v. W&M Welding Inc., held that the plaintiff, John Templemire, was only required to prove that his seeking of benefits established by the

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You can’t avoid the affordable care act

Many employers want to provide health care coverage to their employees, but tend to think the requirements of the Affordable Care Act (“ACA”) are too confusing or burdensome.  Employers often want to contribute to the cost of their employees’ health insurance without actually purchasing a group health insurance policy for all of their employees.  However, recent guidance issued by the

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Time spent on union business may count as overtime under Fair Labor Standards Act

The federal Fair Labor Standards Act (FLSA) has a regulation that addresses whether time spent on union matters counts as work time. However, the regulation leaves that determination to “the process of collective bargaining or to the custom and practice under the collective bargaining agreement.” A class action lawsuit currently pending in federal court in the Eastern District of Missouri alleges

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Who’s in charge? Why the definition of supervisor matters

For employers, questions about who is liable for employees’ actions and who is a supervisor are becoming frequent concerns in employment litigation. Since 1999, the Equal Employment Opportunity Commission (EEOC) has reinforced that employers should have a clearer standard when determining who is liable for the actions of a employees. A recent decision by the United States Supreme Court in

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Ruling clarifies federal tax provisions for same-sex couples

A recent ruling clarified some murkiness associated with tax standards for married same-sex couples who relocate across state borders. This year on August 29, the US Treasury Department and the Internal Revenue Service clarified that same-sex couples who are legally married in a state or country that recognizes their marriage will be treated as married for federal tax purposes, regardless of

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