John Hasman

John Hasman

Armstrong Teasdale LLP

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NLRB Declares Student Assistants Can Unionize

The National Labor Relations Board today opened the door for further unionization efforts at institutions of higher education by finding that student assistants are employees and therefore eligible for union organizing. Its...more

8/24/2016 - Graduate Students NLRB Scientific Research Students Unions Universities

Colleges and Universities Targeted in Class Action Lawsuits over Operation of Retirement Plans

Multiple class action lawsuits seeking millions of dollars in damages were filed last week against eight nonprofit universities challenging the administration of their 403(b) retirement plans. The lawsuits, which were all...more

8/16/2016 - 403(b) Plans Benefit Plan Sponsors Breach of Duty Class Action Colleges ERISA Fiduciary Duty Non-Profits Universities

Sexual Misconduct Investigations in Higher Ed Facing Scrutiny by Courts for Gender Bias

The U.S. Court of Appeals for the Second Circuit, in Doe v. Columbia University, recently handed down a significant decision regarding potential claims of parties accused of sexual assault or other offenses under university...more

8/4/2016 - Bias Colleges Educational Institutions Gender-Based Violence Sexual Assault Sexual Conduct Sexual Harassment Students Title IX Universities VAWA

NLRB Invalidates Employee Handbooks and Work Rules that Aim to Create Workplace Harmony and Privacy

In a decision on April 29, 2016, the National Labor Relations Board (NLRB) ruled that employers do not have the right to prohibit employees from arguing with each other or recording each other, or require them to communicate...more

5/3/2016 - 7 Audio Recording Corporate Counsel Employment Policies NLRA NLRB Protected Concerted Activity Workplace Communication

NLRB Finds Lieutenants Guarding Nuclear Power Plants Lack Supervisory Status

It’s very common for employees to hold quasi-supervisory roles in their workplaces and it’s no different in security firms. In the case of the latter, many would think lieutenants overseeing security forces guarding nuclear...more

2/16/2016 - Government Agencies Misclassification National Security NLRB Nuclear Power Power Plants Supervisors Terrorist Acts

Missouri Department of Labor Issues Important Memo on Prevailing Wage

The Missouri Department of Labor (DOL) has issued a very important memo impacting all Missouri construction companies performing work on Missouri prevailing wage projects. The memo clarifies Prevailing Wage Law, Sec....more

12/14/2015 - Construction Industry Construction Workers Fringe Benefits Labor Departments Prevailing Wages Wage and Hour

Appeals Court Rules Sexual Orientation Not Covered by the Missouri Human Rights Act

The Missouri Court of Appeals, Western District, ruled today that the Missouri Human Rights Act (MHRA) does not prohibit discrimination based on sexual orientation. Accordingly, it affirmed dismissal of a former employee’s...more

10/28/2015 - EEOC Failure To State A Claim Gender Discrimination Human Rights Sexual Orientation Sexual Orientation Discrimination Title VII Wrongful Termination

Judge Stops St. Louis Minimum Wage Increase Due to State Law

Judge Steven Ohmer of the St. Louis Circuit Court on Wednesday stopped the city's planned minimum wage increase from taking effect because it violates state law. As such, the minimum wage rate in St. Louis and in all of...more

10/16/2015 - Appeals Local Ordinance Local v State Laws Minimum Wage Notice Requirements

St. Louis Minimum Wage Ordinance Scheduled to Take Effect Thursday

The minimum wage for workers working within the city limits of St. Louis will increase from $7.65 per hour to $8.25 per hour on Thursday, Oct. 15, 2015, if the raise is not blocked by court order. Pursuant to St. Louis City...more

10/14/2015 - Local Ordinance Minimum Wage Notice Requirements Wage and Hour

NLRB General Counsel Gives Unions an Early Labor Day Present: Electronic Based Union Organizing Standard Impacting all Employers

On September 1, 2015, the National Labor Relations Board General Counsel issued a memo to all NLRB filed employees instructing them to accept e-mail exchanges and various “internet/intranet sign-up methods” to support a union...more

9/4/2015 - Electronic Communications NLRB Unions

NLRB Creates New Joint Employer Standard Impacting all Employers

Continuing its pro-union and pro-employee agenda, the National Labor Relations Board issued its long-awaited and closely watched decision in Browning-Ferris Industries of California, Inc. on August 27, 2015. By reaching this...more

9/1/2015 - Browning-Ferris Industries of California Inc. Joint Employers NLRA NLRB Staffing Agencies

NLRB Considers Combining Employees, Contract Labor in Bargaining Units

The National Labor Relations Board (NLRB), via today’s announcement, is inviting interested parties to submit briefs on whether it should permit bargaining units comprised of both regular employees and temporary workers...more

7/9/2015 - Bargaining Units Collective Bargaining NLRB Unfair Labor Practices Unions

Federal Contractors Face Disqualification From Future Work

Federal contractors, including businesses and universities performing on federally funded projects, have new reporting obligations regarding their labor and safety practices. On May 28, 2015, the Department of Labor published...more

6/15/2015 - DOL Fair Pay and Safe Workplaces Federal Contractors Labor Law Violations Reporting Requirements Subcontractors

U.S. Supreme Court Ruling Opens the Door to Interpretation of Pregnancy Discrimination Act

The U.S. Supreme Court’s March 25 ruling reviving a pregnancy discrimination suit is important to employers because it opens the door to a broader interpretation of the rights provided under the Pregnancy Discrimination Act...more

4/6/2015 - ADA Disparate Treatment EEOC Enforcement Guidance PDA Pregnancy Discrimination Reasonable Accommodation SCOTUS Young v United Parcel Service

NLRB General Counsel Offers Guidance on Employer Policies and Rules

On March 19, the National Labor Relations Board (NLRB) made public new guidance governing a number of keys areas that have been challenging employers for the last few years. These clarifications could affect employers’...more

4/3/2015 - Anti-Harassment Policies Confidential Information Employment Policies Media Mobile Devices New Guidance NLRA NLRB Social Media Trademarks

'Tis the Season to Be Merry — and Worry

As the holiday season approaches and the weather turns cold, employers face a number of issues particularly relevant to this time of year....more

11/20/2014 - Employer Liability Issues Holiday Parties Holidays Minimum Wage Severe Weather

NLRB Refines Test for Determining Independent Contractor Status Versus Employee Status

The National Labor Relations Board has published a decision (FedEx Home Delivery, 361 NLRB No. 55) holding FedEx delivery drivers to be employees under the National Labor Relations Act instead of independent contractors. This...more

10/6/2014 - Corporate Counsel Employee Rights Employer Liability Issues FedEx Independent Contractors Misclassification NLRA NLRB Popular

United States Supreme Court Finds Obama’s NLRB Appointments Invalid

In a ruling that will have far reaching implications for future Presidential appointments, the U.S. Supreme Court struck down three Obama recess appointments to the National Labor Relations Board (NLRB v. NOEL CANNING ET AL.)...more

6/27/2014 - Barack Obama Canning v NLRB NLRB Recess Appointments SCOTUS

New NLRB Ruling Creates New Hazards for Employer Retaliation Policies

In the latest in a series of decisions impacting non-union and unionized employers, the National Labor Relations Board (NLRB) recently issued a new decision that jeopardizes enforcement of employers’ anti-harassment and...more

6/19/2014 - Employee Rights Harassment NLRA NLRB Popular Retaliation

Private Colleges and Universities Experiencing High Levels of Union Organizing

The efforts of Northwestern University football players to form a union may have garnered the most national media attention, but private colleges and universities across the country have seen union organizing efforts since...more

5/16/2014 - Colleges Title IX Unions Universities

Employer Email Policies Subject to Federal Review

Employers should be aware that The National Labor Relations Board is considering whether employees have a federal right to use employer owned and maintained email systems for union organizing purposes and to discuss wages,...more

5/2/2014 - Electronic Communications Email Policies Employee Rights Employer Liability Issues Employment Policies NLRB Purple Communications Unions

Federal Contractors Face More Regulations on Pay Practices

President Obama signed an executive order on April 8, 2014 barring federal contractors and subcontractors from retaliating against employees who discuss their pay with each other. The order is entitled the Non-Retaliation for...more

4/10/2014 - Barack Obama Contractors Disclosure Hiring & Firing Retaliation Subcontractors Wages

Federal Contractor Update

On February 12, 2014, President Obama signed an Executive Order requiring all federal contractors and subcontractors to pay a minimum of wage of $10.10 effective January 1, 2015 and providing for additional future increases...more

3/4/2014 - Disability DOL Federal Contractors Final Rules Minimum Wage Subcontractors Veterans

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