MISSOURI SUPREME COURT MAKES IT EASIER FOR EMPLOYEES TO PURSUE WORKERS' COMPENSATION RETALIATION CLAIMS

In its decision on Templemire v. W&M Welding, Inc., the Missouri Supreme Court imposed a minimalist “contributing factor” causation standard on workers’ compensation retaliation claims. The decision overrules two precedents, and will likely result in an increase in claims under the work comp law. For a full discussion of the case, read the Executive Briefing.

TENTH CIRCUIT: EMPLOYER CAN CAP LEAVE OF ABSENCE AT SIX MONTHS WITHOUT VIOLATING DUTY TO REASONABLY ACCOMMODATE

The U.S. Court of Appeals for the Tenth Circuit has affirmed a Kansas district court’s judgment that, in general, requiring an employer to keep a job open for more than six months does not qualify as a “reasonable accommodation.” The decision in Hwang v. Kansas State University helps to clarify the outer limits of an employer’s obligation under the ADA. For a full discussion of the case, read the full Executive Briefing.

IRS: DUMPING EMPLOYEES ON HEALTH EXCHANGES WILL TRIGGER EXCISE TAX

In a brief Q&A posted on its website, the IRS declared that employers cannot terminate employee health plans and push employees onto the government-regulated health exchanges without incurring substantial excise taxes. This decision is clarified in the full Executive Briefing.

SENATE DEMOCRATS INTRODUCE LEGISLATION TO EXPAND OVERTIME PROTECTIONS UNDER THE FAIR LABOR STANDARDS ACT

Senate Democrats have introduced legislation designed to increase the number of salaried employees who are eligible for overtime pay by raising the salary threshold for three common exemptions to the FLSA’s overtime requirements. The proposed legislation is outlined in the full Executive Briefing.

 

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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