Firm Updates, News and Articles

The U.S. Department of Labor made a significant announcement today regarding a final rule for independent contractors aimed at enhancing clarity for both employers and workers in determining worker classification under the Fair Labor Standards Act. This rule is designed to address the ongoing issue of employee misclassification, a problem that adversely affects workers' entitlements to minimum wage and overtime pay, fosters wage theft, gives certain employers an unfair advantage over compliant competitors, and has broader negative implications for the economy.

The final rule's guidance aligns with established judicial precedent, offering consistency for entities covered by the Fair Labor Standards Act. The "independent contractor" rule reintroduces the multifactor analysis employed by courts for decades. This analysis considers six key factors in determining a worker's status, including the opportunity for profit or loss, the financial investment in the work, the permanence of the work relationship, the level of control exerted by the employer, the essential nature of the work to the employer's business, and the worker's skill and initiative. This comprehensive approach aims to rectify misclassification issues, uphold worker rights, and establish a fair and consistent framework for classification under the Fair Labor Standards Act.

Additionally, the rule revokes the 2021 Independent Contractor Rule, which the department believes deviates from both the law and longstanding judicial precedent. The new rule, crafted after considering feedback from stakeholders gathered in forums during the summer of 2022 and the subsequent comment period in October 2022, is set to take effect on March 11, 2024.

You can read the Final Rule, 2021 IC Rule, here:

Federal Register :: Independent Contractor Status Under the Fair Labor Standards Act

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Corporate Transparency Act: Most Corporate Entities Must File Beginning in 2024

In recent years, the regulatory landscape for businesses in the United States has undergone significant changes, particularly concerning the reporting of beneficial ownership information. The Corporate Transparency Act (CTA), enacted to counter money laundering, terrorism financing, and other illicit activities, introduces a mandatory Beneficial Ownership Information (BOI) reporting requirement.

I. Reporting Requirements and Applicability

The CTA, effective from January 1, 2024, mandates millions of small businesses to submit BOI reports to the U.S. Department of Treasury's Financial Crimes Enforcement Network (FinCEN). The reporting obligations, detailed in regulations issued by FinCEN, encompass information on the creation, registration, and changes in beneficial ownership of corporations, limited liability companies (LLCs), and similar entities.

Entities falling within the scope of reporting, termed "domestic reporting companies" or "foreign reporting companies," are those created or registered with state authorities. Exemptions are granted to entities subject to substantial federal or state regulation, such as publicly traded companies, financial institutions, and tax-exempt entities. Additionally, a "large operating company," meeting specific criteria, qualifies for an exemption.

II. Beneficial Ownership Information: What to Report

Reporting entities, depending on their creation date, are obligated to provide comprehensive information. For entities created before January 1, 2024, the report covers the company's legal name, trade names, address, jurisdiction of formation, and taxpayer identification number. Beneficial owners' details, including full legal name, date of birth, address, unique identifying number, and relevant identification documents, must also be disclosed.

A beneficial owner, as defined by the CTA, is an individual exercising substantial control over the reporting company or owning/controlling at least 25% of its ownership interests. The "company applicant," responsible for filing the document creating the reporting company, is also a pivotal figure in the reporting process.

III. Reporting Timeline and Compliance Measures

The CTA establishes specific deadlines for filing BOI reports. Entities created before January 1, 2024, must file their initial reports by January 1, 2025. Those created between January 1, 2024, and January 1, 2025, have a 90-day window, while those formed after January 1, 2025, must file within 30 days of creation.

In cases of changes in reported information, reporting companies are obligated to submit updated reports within 30 calendar days. Failure to comply with reporting requirements carries severe penalties, emphasizing the importance of accurate and timely submissions.

IV. Filing Procedures and Access to Information

All BOI reports, updates, and corrections must be filed electronically with FinCEN, accessible through its website. The filing process includes obtaining a FinCEN Identifier, a unique number issued to individuals and reporting companies, streamlining the reporting of identifying information.

Access to BOI information is limited and regulated. FinCEN can disclose information to federal agencies involved in national security, intelligence, and law enforcement, state law enforcement agencies with court orders, financial institutions with the company's consent, government regulators, and certain foreign authorities via U.S. agencies.


The CTA, while introducing crucial measures for transparency and combating financial crimes, also raises several considerations for future regulatory developments. Clarity on regulatory terms and interpretations, such as "substantial control" and "ownership interests," remains crucial. Additionally, the Treasury's role in providing detailed regulations and guidance, especially regarding reporting nuances, exemptions, and potential amendments to the CTA, will significantly impact businesses' compliance efforts. Small business owners are urged to proactively assess their reporting obligations, determine eligibility for exemptions, and establish systems for gathering and updating required information.

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In the modern era of digital communication, emojis have become an integral part of our daily interactions. These small icons convey emotions and intentions, adding depth and context to our messages. However, when it comes to legal matters, the interpretation of emojis poses new challenges. This article explores the dangers of establishing a legal precedent that enforces contracts based on the use of emojis, particularly when consent is unclear.

The Ambiguity of Emojis 👍

Emojis, including the thumbs-up emoji, are inherently ambiguous. Their meaning can vary greatly depending on the context, cultural differences, and personal interpretation. What may seem like an unequivocal gesture in one situation could be perceived differently in another. Relying on emojis to determine legal intent introduces a significant level of subjectivity and uncertainty into contract law.

Clear Consent and Legal Enforceability 🙈🙉🙊

For a contract to be valid and enforceable, it must meet certain requirements, one of which is the mutual intention of the parties to be legally bound. In traditional contract formation, this intent is typically expressed through explicit and unambiguous language. However, emojis lack the precision and clarity necessary to establish a party's genuine consent to be bound by contractual obligations.

When emojis are used in a contract negotiation or agreement, they are susceptible to misinterpretation. Different individuals may assign different meanings to a particular emoji, leading to confusion and misunderstandings. For instance, a thumbs-up emoji could be interpreted as a mere acknowledgment or a gesture of approval without any intention to form a binding agreement. It is crucial to consider the possibility that emojis may not accurately convey a party's true intent.

Context and Cultural Differences

Emojis derive their meaning not only from the symbol itself but also from the surrounding context. Without a comprehensive understanding of the conversation or the relationship between the parties, it becomes challenging to accurately decipher the intended meaning behind an emoji. Furthermore, cultural differences can compound the issue, as interpretations of emojis can vary widely across different regions and communities. This lack of universal interpretation further erodes the reliability of emojis as a means of expressing contractual consent.

Furthermore, emojis are often used casually and informally in digital communication, primarily in social media, instant messaging apps, and text messages. They are not typically associated with the level of formality and precision expected in legally binding agreements. Courts should be cautious when attributing legal consequences to an informal mode of communication that lacks the explicitness required to establish a contractual relationship.

Preserving Legal Certainty and Stability

The law strives to provide predictability, stability, and certainty in contractual relationships. Enforcing contracts based on emojis sets a dangerous precedent by undermining these fundamental principles. It opens the floodgates to an array of interpretations and potential disputes, eroding the reliability and predictability of contract law. Legal systems rely on clear and unambiguous language to establish the intent of the parties, and emojis cannot consistently meet this requirement.

Recognizing the legal enforceability of contracts based on emojis also presents opportunities for exploitation and abuse. Parties could use this ambiguity to manipulate or deceive others intentionally. Unscrupulous actors may rely on the lack of certainty surrounding emoji usage to create confusion and later claim contractual obligations or deny them altogether. Such an environment fosters uncertainty and invites dishonest practices.

In order to protect the integrity of contract law, judges must exercise caution when interpreting contracts involving emojis. They should consider the entire context, the intent of the parties, and the surrounding circumstances to ascertain whether a genuine agreement was reached. The use of emojis, especially without accompanying clear and unambiguous language, should not be the sole basis for finding contractual intent.


While emojis have become a prevalent form of expression in our digital age, they lack the precision and clarity required for legally binding agreements. Allowing a legal precedent that enforces contracts based on emoji usage, such as a thumbs-up emoji, jeopardizes the principles of consent, clarity, and predictability in contract law. Emphasizing the importance of explicit and unambiguous language in contracts is essential to protect parties from misunderstandings, potential abuse, and the erosion of legal certainty. Courts must exercise caution and adopt a prudent approach when dealing with emojis to preserve the integrity of contract law in the face of evolving communication methods. ✌

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COPING WITH THE COVID-19 CRISIS AND OPPORTUNITY (Webinar re-broadcast) Original broadcast through the Northwest Chamber of Commerce on 3/26/2020. Business, Human Resources & Legal aspects and guidance for running your business during the Crisis Click here to view.
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GENERAL DATA PROTECTION REGULATION COMPLIANCE: DOESN'T APPLY TO YOUR ONLINE BUSINESS? NOT SO FAST. If you do any business or provide services to customers on the Internet, May 25, 2018 is an important day. That Friday is the deadline for companies to implement and comply with the European Union’s General Data Protection Regulation (GDPR) that governs the collection and use of personal identifiable information. Personal identifiable information includes any data that can be used to identify a specific individual or to distinguish one person from another. Such data includes, but is not limited to, names, addresses, telephone numbers, email addresses, birthdays, social security numbers, credit card numbers, login names, profile photos and images, demographic information and even IP addresses.The GDPR governs what companies must do to receive, maintain and protect personal identifiable information that they request, receive and collect from their customers on the Internet. The new law has very significant fines and penalties for non-compliance. Do you think that the GDPR does not apply to you because you are a company in the US? Not so fast. Even if your business is outside of the European Economic Area (another name for the geographic areas occupied by member nations of the EU), GDPR regulations will probably affect your business. It definitely will apply if your company collects or stores any data from any customer or person who sends that information (whether knowingly or unknowingly) from within any nation that is member of the EU. Furthermore, all business, even small businesses, are subject to GDPR enforcement and regulation and so this is not something that your company should ignore or overlook.The new law clearly applies to electronic and digital data collected through the Internet – so this means that e-commerce platforms, social networks, business websites and other platforms used for cloud computing that exchange and store data from its visitors are definitely subject to the new regulations. Because e-commerce and the Internet are basically borderless, companies may find out that they are subject to GDPR requirements without knowing it, and so all companies who do business on the Internet are well-advised to comply with the new laws in order to avoid any serious surprises and consequences.The following countries are currently part of the EU and any information your business collects (whether knowingly or unknowingly) from persons in these countries is governed under the GDPR: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom (Until March 29, 2019).As a business owner or company with an online business presence, you will need to understand and assess what kinds of data your company collects and controls. The GDPR requires that you receive specific and express consent to collect and process someone’s information and requires you to keep only the minimum amount of data required for the purposes for which it is used. Your company is also responsible for third-parties who manage and process the data you collect, so mere finger-pointing when something goes wrong will not suffice.The penalty for technical noncompliance is the “greater” of either €10,000,000 (currently $11,852,905 US) or 2% of your company’s global revenues. The penalty for more serious noncompliance, namely violations of certain key provisions of the GDPR, is the “greater” of either €20,000,000 or 4% of your company’s global revenues. Obviously then, compliance with the GDPR may make the difference between your company's solvency and insolvency.The task of complying with the GDPR is daunting but effective safeguards should be fairly easy to implement. A starting point to evaluate your company’s risk is to examine the following: What kinds of data do you have, where is it stored, and how secure is that information from possible hackers or thieves? (The GDPR is particularly sensitive to the collection of children’s data.) Where does the data come from, and how are input into your company’s system? What kinds of security protocols does your company use to prevent data breaches and are the procedures clear and effective? Do you have someone in the company who is specifically dedicated to oversee privacy and security protocols? Small businesses (companies with fewer than 10 employees and annual revenues of €2,000,000, or about $2.5 Million US) are exempt from certain portions of the new regulations. However, the GDPR does not decrease the penalties and fines for small businesses that violate or ignore the requirements. Therefore, even small businesses must be careful to remove private data if there is no valid business justification or purpose for retaining such information and to comply with all applicable provisions of the GDPR.Even if the GDPR absolutely, certainly and undeniably does not apply to your company (which is increasingly unlikely in today’s global and technological world), data security and records handling is still obviously an important part of your business that cannot be ignored. At a minimum, we suggest that you consider implementing at the least the following when asking customers and visitors for their personal information: Be specific and concise about the kind of information that you are asking from your customers and visitors and make sure that they consent to each category of information. Keep your consent requests separate from other terms and conditions governing your customers and visitors’ use of your website and services. Use Opt-Ins that require customers and visitors to actively give their consent; do not assume permission merely because they choose to continue to use your website and services Identify, when available, any third parties who will rely on the consent Make it easy for individuals to withdraw their consent at any time and provide a clear way for them to do it Remove personal data of anyone from your system whenever they request (except for minimal record keeping items for law-enforcement and court-related purposes) Create and maintain a record of consents that you from your customers and visitors (i.e., who, when, how) Examine your consent practices and existing records routinely. The bottom line is that trust and engagement is what keeps companies running and profitable. How you handle other people's information is an integral part of that experience and has a significant effect on your company’s reputation. We highly recommend that you contact a company that specializes in GDPR technical compliance and correspondingly update your company’s website privacy policies and terms of use to reflect that you are complying with GDPR requirements.
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TOP 7 CONTRACT TERMS YOU NEED TO UNDERSTAND BEFORE SIGNING People often ask me, a business lawyer, what I look for when I review contracts. My unvarying response is “everything.” That, by the way, should also be the response of any competent and careful attorney charged with protecting a client’s interest. The point of a written contract is to clearly state the parties’ respective expectations. Contracts should also provide unambiguous guidance for frequently-encountered situations that may arise during the course of the parties’ contractual relationship. Every contract is unique. Contracts also vary widely in scope and quality depending on the level of skill and experience of the person drafting them. Experienced attorneys do not necessarily need to opine on every single term or paragraph in a contract. However, a careful attorney will normally review everything the contract contains. This is so that the client will not encounter unpleasant (and likely consequential) future surprises that could have been identified in advance through a careful and thorough review. Of course, the most basic components of a contract, such as the date of the contract, sale price, salary, loan amount, or rental rate - among other things - should always be identified and clearly understood. These are things that most non-lawyers understand to look for without the counsel of an experienced attorney. However, there are other contractual terms that are frequently just as important and must not be overlooked. Here is a short list of the Top Seven Things that you should always identify and understand before signing any contract: 1.       The identity of the parties. It is vital to know exactly who you are dealing with. Oftentimes, a salesperson or vendor presenting you with the contract is merely an intermediary for someone else. A salesperson or vendor could rightfully owe you nothing after they have obtained your signature. You need to know who to go to if you encounter a problem. Conversely, you also need to know and understand to whom you owe your contractual obligations. 2.       The duration of the contract and surviving terms. Do you intend to be bound only for several days, a month, a year, or perhaps only until the job is done? Aside from knowing when your rights and obligations will expire, you also need to understand how long after your performance the other side can hold you legally accountable to do or perform other things. Many contracts will require that certain duties (for example, warranty and repair requirements) survive the completion of job or the deal. 3.       Terms defining default/breach and specifying remedies. Understanding terms of breach and the sorts of remedies a contract offers is extremely important. Otherwise, you could violate the terms of the contract without knowing it. You also need to know to what extent you are liable to the other party if you fail to perform. These terms will spell out what will trigger liability and dictate the other side’s right to take you to court to seek a remedy. Most well-written contracts will also control what kinds of remedies are available to an aggrieved party. Sometimes the remedies are the same that the law generally provides, but frequently they are not. It is important that you know what circumstances will expose you to liability and also the exact consequences. 4.       Assignment clause. Many contracts allow one party to transfer its obligations and rights to someone else who is entirely unrelated. If working with the same person or company over the course of a contract is important to you, you need to understand when and how the contract can be assigned to someone that you potentially do not know or have never dealt with. It is entirely possible, for example, that the other side may have the right to transfer the contract to someone else who may not be as qualified or perhaps be incapable of furnishing the result that you expected when you signed the contract. 5.       Forum Selection Clause. It is critical for you to know where you can take the other side to court if there is a serious problem. Most well-written contracts identify a specific jurisdiction or court in which you can file suit or where a lawsuit may be filed against you. This is important because, realistically, it will make it much more expensive for you to recover damages - for example - if you live in Chicago but the contract requires you to file a lawsuit in New York City in order to vindicate your rights. Conversely, it may also be much costlier for you to defend against a claim in Anchorage, Alaska if you live in Missouri. 6.       Attorneys’ fees provision. Many contracts contain an attorneys’ fee provision which states that the party prevailing in any lawsuit or dispute has the right to recover its attorneys’ fees and legal expenses from the other side. This clause is important in that it may control the dynamics of the contractual relationship and is oftentimes a significant factor in determining whether it makes more sense to sue or to settle. For instance, a party will probably not file suit to recover fifty dollars. However, if the contract allows that party to also recover its attorneys’ fees and legal expenses, that may change the dynamics enough to make it worthwhile to file suit. 7.       Arbitration clause. Contracts may or may not contain an arbitration clause. However, they are more frequently seen in contracts when one side has significantly more bargaining power or financial resources over the other. Arbitration clauses often prohibit an aggrieved party from filing suit in a court and have the dispute tried by a jury. These arbitration clause will instead require the parties to enter into binding mediation or arbitration. The courts have widely enforced arbitration clauses, and it is important to know if you will not be able to vindicate your rights in court if something goes wrong. The ability, or inability, to file a lawsuit in court often affects the dynamics in a dispute. Generally speaking, it is often more beneficial for the party who does not have the means or resources of the other side to have the right to have the case litigated in court and tried by a jury of peers. There is a high likelihood that something in a contract will be missed, misinterpreted or misunderstood without the benefit of a thorough review and guidance of an experienced attorney. It is my general opinion that non-lawyers who enter into contracts without first seeking the opinions of an attorney do so at their own peril. However, I also recognize that someone may not always have the time, money, or resources to engage a lawyer. In those cases, it is imperative that – at the very least – the components identified above be identified and understood before signing. * * * WESTMINSTER LEGAL GROUP focuses on business law, corporate formation and structure, commercial transactions, and real estate. Conveniently located in St. Louis, Missouri, we serve national and local clients in Missouri and Illinois. Please visit us at The choice of a lawyer is an important decision and should not be based solely upon advertisements. This disclosure is required by the Supreme Court of Missouri. The Supreme Court of Illinois does not recognize certifications of specialties in the practice of law and a certificate, award or recognition is not a requirement to practice law in Illinois.
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NUTS AND BOLTS FOR THE NON-LAWYER: ATTORNEY-CLIENT PRIVILEGE AND CONFIDENTIALITY The FBI’s recent raid of the office, home and hotel room of Michael Cohen, President Donald Trump’s longtime personal attorney, has pushed the issue of attorney-client privilege and confidentiality into the national conversation. At the time of the raid, the FBI sought documents and information relating to alleged “hush-money” payments made to Stormy Daniels and Karen McDougal to determine whether Cohen’s involvement rises to a level of a crime, prompting the President to post on Twitter that, “attorney-client privilege is dead.” The FBI’s raid is unusual and there is particular sensitivity in this case because Cohen’s activities were allegedly performed for the direct benefit of the President who the FBI may be investigating for possible obstruction of justice. In this context, the attorney-client privilege and confidentiality deserves some explanation. Fundamentally, the privilege exists so that a client is free to be completely honest and transparent with his legal counsel without fear of exposure or reprisal. It also exists so that the attorney may adequately and properly assist the client in the matter being discussed. Normally, a lawyer cannot reveal information relating to representation of a client unless the client consents to the disclosure. The attorney-client relationship begins when the legal advice of an attorney is sought and received from a lawyer. Generally speaking, the attorney-client privilege applies to information shared voluntarily by a client to a lawyer in confidence in a manner that no other recipient (other than those reasonably necessary for the transmission of the information) is expected to receive the information. It exists for the benefit of the client and survives the death of the client. The privilege applies to individuals as well as to corporate entities. For example. A manager or members of top management of a company may be a “client” for purposes of the privilege between the company and the attorney. There are exceptions to the attorney-client privilege. The privilege does not apply, for instance, where: - the attorney is authorized to make disclosures that are impliedly authorized in order to carry out the representation, except where the client's instructions or special circumstances, prohibit the disclosure; - the client’s communications concern future or contemplated frauds or crimes and where the lawyer believes that disclosure is reasonably necessary to prevent the client from committing a criminal act that will cause bodily harm or death; - competing claimants claim through the same deceased client necessitating the disclosure; - joint clients subsequently become involved in a controversy between or among themselves necessitating the disclosure; - in criminal proceedings when the attorney-client privilege is trumped by a criminal defendant's need for exculpatory evidence, and - the client has sued a lawyer for malpractice. A client may waive the attorney-client privilege. This occurs when the client specifically and expressly waives the privilege. In the case of a corporation, the company’s management, officers and directors may waive the privilege. Presumably, the FBI’s justification for the raid and search for attorney-client privileged information from the President’s attorney falls under the exception relating to fraud and crime. Specifically, the FBI was seeking evidence concerning a cover-up. The circumstances suggest that a judge issued the search warrant after concluding that the attorney-client privilege between President Trump and his attorney was being used in furtherance of a criminal act or that the privilege was being used to perpetuate a fraud. Normally, judges vigorously protect the sanctity of the attorney-client relationship and only abrogate that protection when there is sufficient and justifiable reason to do so.
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NUTS AND BOLTS FOR THE NON-LAWYER: WHEN DOES THE LAW REQUIRE AGREEMENTS TO BE IN WRITING? Most people are generally aware that verbal contracts and agreements are enforceable (so-called “hand-shake deals”). Difficulties typically arise, however, in situations where one side reneges on a verbal contract and the other side wants to hold the other party to its word. Without a written document containing the specifics of the parties’ agreement, disputes normally degenerate into a “he said versus she said” exercise in which the outcome is usually as vague and questionable as the verbal promise itself. Certain kinds of contracts must be in writing Illinois and Missouri require that certain kinds of agreements be written. This observes the accepted notion that evidence concerning verbal agreements are usually quite spotty or unreliable. Generally, the sort of contracts that must be written in Illinois and Missouri include the following: - Agreements of personal representatives of a deceased person’s estate; - Agreements where one person agrees to be responsible or liable for the obligations of another person; - Agreements concerning marriage, such as prenuptial agreements; - Contracts for the sale of real estate; - Leases lasting longer than one year; and - Any agreement that is not intended to, or cannot, be performed within a year. Illinois law requires two additional categories of agreements to be in writing: agreements for the sale of personal property (as opposed to real estate) where the sale price is over $5,000, and agreements involving the sale of goods. Illinois law is also different from Missouri in that it does not require agreements for the purchase or sale of securities to be in writing. Written contracts must have all of the “necessary ingredients” to be enforceable In addition to identifying what sorts of agreements or contracts must be in writing, parties need to also ensure that their written contracts are “legally sufficient.” To be legally sufficient, written agreements in Illinois and Missouri must: - Identify the date of the contract; - Identify the parties; - Identify the subject matter of the agreement; - Identify the duration (and/or the expiration date) of the agreement; and - Identify specifically what each party is bringing to the table in order to make the agreement binding. To be enforceable, the contract in question must also be signed by the party (or the party’s authorized agent) being bound to the promises contained in the contract. Observing the requirements laid out above, it’s easy to see why most quickly-scrawled contracts are unenforceable. Can you identify why the following is not “legally sufficient”? | I.O.U. $10,000. - /s/ John Smith | General thoughts and concluding remarks There are some agreements that, for one reason or another, we would rarely insist be reduced to writing. For example, it is not usually worth the time or effort to prepare a written document whenever a friend asks to borrow a pen or to lend them a few dollars. When the stakes are higher, where one of the parties is perceived to be less than “honorable,” or when there will be a considerable amount of time until the other party finally performs the agreement, the scale usually slides in the other direction. Preparing fully enforceable written contracts and interpreting them involves art, science and experience. As in any business or personal endeavor, the trick is in knowing when to insist on having a written agreement versus an oral one.
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CAR DEALERSHIP SERVICE ADVISORS NOT ENTITLED TO OVERTIME PAY The US Supreme Court ruled Monday, April 2, 2018 that service advisors at car dealerships are excluded from federal overtime pay requirements. In a 5-4 decision, the Court ruled that automobile service advisors are exempt from overtime pay under the Fair Labor Standards Act (FLSA), 52 Stat. 1060, as amended, 29 U. S. C. §201 et seq., which requires employers to pay overtime compensation to certain employees. By its plain language, the FLSA exempts from its overtime-pay requirement “any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles, trucks, or farm implements, if he is employed by a nonmanufacturing establishment primarily engaged in the business of selling such vehicles or implements to ultimate purchasers.” §213(b)(10)(A). §213(b)(10)(A). Although the Department of Labor initially interpreted it to exclude service advisors, the Court rejected that view. In classifying service advisors as salesman, the Supreme Court stated that a service advisor is obviously a “salesman,” reasoning that the ordinary meaning of salesman is someone who sells goods or services. Even if service advisors do not spend most of their time physically repairing automobiles, the FLSA does not make that distinction. Read the slip opinion here:
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FOR SINGLES, WIDOWS AND THE DIVORCED, ESTATE PLANNING IS STILL ESSENTIAL Whether never married, widowed or divorced, single people face unique estate planning issues that require advanced planning and they need to pay just as much attention to their estate planning as married couples do. Some complicated estate planning objectives for singles include: (1) ensuring that their assets go to relatives, loved ones and charitable organizations of their choosing rather than going to distant relatives or escheating to the state; (2) identifying specific individuals who may make decisions in cases of illness or incapacity instead of leaving that decision to a distant relative or a stranger appointed by the state; and (3) ensuring that accounts and assets will not end up in the hands of a former spouse. To ensure that assets and decisions concerning their assets wind up with the relatives, loved ones, charitable organizations and persons of their choice, single persons should create a will and an irrevocable trust that specifically states how their assets are to be distributed. Also, certain accounts such as bank accounts, retirement plans and even life insurance policies require owners to designate a beneficiary when they enroll. These beneficiary designations are usually upheld, even if the owner gave the account to someone else in a will. Therefore, a thorough evaluation should be conducted to ensure that beneficiary designations are up to date and properly made. It is also important for single persons to designate a trusted loved one or friend to manage assets and health care decisions in case of an emergency or in the event of incapacity. Without proper directives, important decisions may fall into the hands of distant, unfamiliar relatives or state-appointed strangers. Single people should have the proper documents prepared that allow a known and trusted person to make financial and medical decisions through a general power of attorney, an advance health care directive, and a HIPAA authorization.

Nothing presented on this website is intended to be legal advice. Every client’s situation must be evaluated on a case-by-case basis.

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© Westminster Legal Group, LLC. Licensed in Missouri and Illinois. The choice of a lawyer is an important decision and should not be based solely upon advertisements. This disclosure is required by the Supreme Court of Missouri. The Supreme Court of Illinois does not recognize certifications of specialties in the practice of law and a certificate, award or recognition is not a requirement to practice law in Illinois. AV®, AV Preeminent®, Martindale-Hubbell DistinguishedSM and Martindale-Hubbell NotableSM are Certification Marks used under license in accordance with the Martindale-Hubbell® certification procedures, standards and policies.