Four Individuals vs. Two Holding LLCs The Structuring Decision That Most Business Partners Get Wrong When two couples decide to build something together, the instinct is to keep it simple: four people, four membership interests, one operating agreement. Simple is good — until it isn’t. Here’s why getting this structure right before you sign anything…
The difference between an attorney who prepares for trial and one who has actually tried cases is the difference that matters most when everything is on the line. Most business disputes never make it to a courtroom. But every business dispute is shaped by the possibility that one might. The attorney across the table…
How Missouri Revised Statute 351.467 gives a deadlocked 50% shareholder a powerful legal exit Two equal partners built a business together. Now they cannot agree on anything — and neither one can outvote the other. Missouri law has a specific, powerful remedy built exactly for this situation. Here is how it works. The…
10 things to check every year to keep your business legally sound Running a business is a full-time job. Legal housekeeping tends to fall to the bottom of the list. This annual checklist brings everything back to the top — before a problem forces it there. Why an Annual Legal Review Pays for…
A calm, step-by-step guide for small business owners Receiving a legal threat feels like a punch to the stomach. Most business owners panic. Here is the calm, practical guide that tells you exactly what to do — and what not to do. First: Do Not Panic — Most Threats Do Not Become Lawsuits…
What you can and cannot actually protect — explained simply You spent months building your brand. Your name, your logo, your reputation. Here is what the law actually protects — and what common mistakes leave you exposed. The Big Misconception: Registering an LLC Does Not Protect Your Brand Name This is the number…
Here is what Missouri law requires you to do Hiring your first employee is one of the most exciting milestones in a small business journey. It is also one of the most legally complex. Here is your plain-English step-by-step guide. First: Celebrate — Then Get Serious Bringing on your first hire is a…
Protect yourself before a problem finds you Most small business owners start working with clients on a handshake. Here is why that is a risk and the contracts that will actually protect you. A Short Story About Why This Matters Picture this: you are a graphic designer in St. Louis. You spend three weeks building…
LLC, S-Corp, Sole Proprietor — Explained Simply One of the first legal decisions every new entrepreneur faces — and one of the most Googled — is also one of the most misunderstood. Here’s the plain-English guide you actually need. Why This Decision Matters More Than People Think When you start a business, you’re not…
In Missouri, the operating agreement of your LLC controls how to address misbehaving members and outlines the process of expelling a member. There are various reasons why a member can be involuntarily disassociated from an LLC, such as repeatedly breaching the operating agreement, engaging in actions that harm or could harm the company, or filing…
Why an Operating Agreement is Important for Your Missouri LLC Missouri LLC Operating Agreement: A Legal Requirement In Missouri, limited liability companies are required to have an operating agreement as it establishes the options and rights to acquire or sell members’ interests in the limited liability company. The operating agreement also controls how the members…
Voytas Law has drafted operating agreements for a wide array of Missouri businesses. We have litigated disputes between business owners arising out of these operating agreements. Our courtroom experience informs our document drafting, and we have been able to provide high-quality, tailored operating agreements that eliminate future litigation risk between business owners. LLCs in Missouri…
Earlier this fall, an existing client came to us with a confusing issue on his credit report. A debt collector had reported a debt on our client’s credit report, but he had never received notice of this debt. Our client’s credit score had dropped by over a hundred points! Instead of sending our client’s reported…
This summer, a woman came to us asking for help with a debt collector who was taking money from her bank account. In the past few years, the woman had experienced a range of health issues and was no longer able to pay her debts. The woman’s only source of income was social security, disability,…
All service industry employees who earn tips should know they have rights to a fair and minimum wage. In St. Louis and throughout Missouri, employers are permitted to implement a process called tip pooling which can affect your paycheck. Unfortunately, employees are sometimes paid improperly. The good news is that there are very specific rules…
COVID-19 has impacted everyday life in unimaginable ways. It has caused or contributed to many Americans losing their jobs. The coming weeks and months may be some of the most financially difficult for individuals and families. For many, this could mean taking on credit card debt or deciding which bills get paid. Others may be…
Taking time off work after the birth or adoption of a child, serious injury, or serious injury to a close family member can be stressful. Whether or not you will be able to keep your job and health insurance are among many of the questions you may ask yourself. The Family and Medical Leave Act…
The emergence of COVID-19, also known as the “coronavirus,” has affected the workplace in unprecedented ways. As a result, Congress passed the Families First Coronavirus Response Act (“FFCRA”), which modifies the Family and Medical Leave Act (“FMLA”) and the Fair Labor Standards Act “FLSA”), among other things. Importantly, under FFRCA, employees who were previously not…
Do you earn tips at your job? Plenty of employees in Missouri do, including those who wait tables, mix drinks, carry luggage, and clean hotel rooms. For many hourly wage earners, tips can make the difference between a living wage and financial stress. Although a portion of gratuities may be counted as wages by employers,…
Do you have a high-risk tolerance when investing your money? Or do you prefer a more conservative path? If your financial advisor does not understand your risk tolerance and makes poor decisions on your behalf, you may be able to recover your investment losses. To know your risk tolerance, your answer may be affected by…
When you hire a financial advisor, you’re trusting them with your investment future. Financial advisors and brokers sometimes earn a commission on the trades and purchases conducted on your behalf. There may also be other fees charged to your investment account. Know When and Why You Are Paying Commissions It’s important to understand how broker…
You’ve likely heard it a dozen times – diversify your portfolio for maximum gains and protection against major market fluctuations. But what does that really mean? Diversity in your financial portfolio refers to spreading your investments throughout multiple assets so that your exposure to any one type is limited and minimized. This process is designed…
You work hard for your money. So, when you experience problems with your paycheck, it can be stressful and cause difficulties that affect you and your family. In Missouri, wage laws are governed by the Fair Labor Standards Act (FLSA) and the Missouri Wage and Hour laws. These policies cover a wide range of issues…
Many individuals who invested in the stock market in 2019 experienced unparalleled success and high growth in their portfolio. In fact, the S&P 500 was up 28.9% for 2019. There were some people, however, who were not so fortunate. Instead of reaping the benefits of the booming market, some sustained losses as a result of…
We are living in a fascinating time where the stock market is exploding. In 2019, the growth of the market was significant: the Dow 30 jumped 22.3% the S&P 500 gained 28.9% and NASDAQ rose 35.2%. In this booming market, working with financial advisors and brokers is the traditional method for taking part in the…
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Voytas Law, LLC has represented many hourly workers in wage disputes. With the Passage of Proposition B, Missouri’s minimum wage is set to increase to $9.45 per hour in 2020. This makes the minimum overtime rate, where applicable, $14.18. Tipped employees must make $4.73 per hour, plus tips necessary to bring the total compensation to…
Rick Voytas represented Mr. Robert Pace in a jury trial in 2019. Robert was a worker at a car wash in St. Louis. Rick Voytas won $18,522 in unpaid tips for Robert at trial by using the Fair Labor Standards Act. The Act specifies that only tipped employees, not management, can share in a “tip…
Frequently, a potential client contacts Voytas Law, LLC with two problems: they have just been sued over credit card or medical debt, and they don’t have any cash to deal with the problem because they decided to pay a “debt settlement” or “debt relief” company months ago to “negotiate” the debt away. While it is…
Voytas Law, LLC represents workers who have not been paid properly. We sometimes encounter employers who fire an employee and thereafter believe that the terminated employee is somehow less deserving of his or her final paycheck. Missouri law provides employees who quit or are fired with some important protections. We are able to use these…
The Missouri Department of Labor has announced that the new minimum wage for 2018 will be $7.85. You can view the DOL press release here. This increase not only affects regular hours, but also increases the minimum allowable pay for overtime work for qualified employees. There is no “grace period” for this increase. Voytas Law,…
Voytas Law, LLC represents workers who have not been paid in accordance with the law. Many times, we hear from people who have been told that they cannot qualify for overtime pay because they receive a salary. For many employees, this is simply not the case. There is a broad category of “salaried” employees who…
When you are being pursued by a debt collector, the best time to dispute a debt that you do not agree with is immediately after you get the very first collection letter. The Fair Debt Collection Practices Act, Section 1692g (found here) requires a debt collector to notify you of certain dispute rights in the…
If you get hurt on the job in Missouri, your employer likely carries workers’ compensation insurance that is supposed to provide for your medical needs in addition to supplying compensation for your injury. However, this begs the question- what do you do if you get hurt at work and your employer does not carry workers’…
On occasion, we are asked to defend a small business or an individual in a collection lawsuit. One of the most overlooked defenses is embedded in Missouri Supreme Court Rule 55.27(a)(3), the text of which you can read here. If you are being sued for a debt, you need to check to make sure the…
Sometimes, we hear from workers that their employer has a “policy” of not paying overtime, or that their employer will only pay them for an eight hour day even if the worker is at work for longer than that. If you are a qualified worker under the Fair Labor Standards Act, you can use federal…
Sometimes you just need some room to breathe and figure out what to do about a bad financial situation. When debt collectors are frequently calling your phone, it can feel like the walls are closing in. Fortunately, the law provides you with several tools to make the calls, letters, and other communications stop. The Fair…
Voytas Law, LLC is a law firm with a litigation practice in St. Louis, Missouri. Each individual suit presents different legal questions and challenges. This post is not intended as legal advice for your specific situation. Please call us if you have questions and we will be happy to talk with you. If you get…
Attorney Rick Voytas often represents consumers who are faced with debt collectors. You can reach him directly at 314-380-3166. Voytas Law, LLC offers no-charge consultations to consumer clients. When dealing with a debt collector, it is best to know your rights under the Fair Debt Collection Practices Act. You can find a link to the…
Rick Voytas has represented business clients in mediations where the stakes range from thousands to tens of millions of dollars and is licensed to practice in both Missouri and Illinois. The purpose of this post is to impart our experience on mediating business lawsuits in Missouri. We would be happy to talk with you about…
We have handled hundreds of civil cases in Missouri. In each case, we work to establish the two components we need to win: liability and damages. The jury determines that a company or person is “liable” for a bad act when the jury finds the company or person to be the proximate cause of the…
If you are involved in a car crash in Missouri, you might be able to take advantage of Missouri’s rear-end collision doctrine. We have handled many car crash cases where we have used this doctrine to benefit our clients. In Missouri, the driver or passenger of a vehicle that is struck from behind by another…