On November 6, 2021, the United States Court of Appeals for the Fifth Circuit granted a stay of the Emergency Temporary Standard issued this week by the Occupational Safety and Health Administration. The ETS would require...more
On October 25, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) updated its technical assistance related to the COVID-19 pandemic. The updated and expanded COVID-19 technical assistance, “What You Should Know...more
10/26/2021
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Equal Employment Opportunity Commission (EEOC) ,
Guidance Update ,
Notice Requirements ,
OIRA ,
OSHA ,
Reasonable Accommodation ,
Rehabilitation Act ,
Religious Accommodation ,
Religious Exemption ,
Title VII ,
Undue Hardship ,
Vaccinations
Many workplace leaders have been wondering, “Can we require employees to get the COVID-19 vaccine as a condition of employment?” According to a recent Ogletree Deakins benchmarking survey, most employers are not ready to...more
6/15/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Disability Discrimination ,
Employment Discrimination ,
Employment Litigation ,
Employment Policies ,
Food and Drug Administration (FDA) ,
Healthcare Workers ,
Hospitals ,
New Guidance ,
Reasonable Accommodation ,
Religious Discrimination ,
Vaccinations
It should come as no surprise that the masking debate continues to heat up. In the past week, news outlets and social media platforms have been abuzz about face mask exemption cards....more
In 2015, long before COVID-19 emerged, a hospital disciplined and discharged a recruiter in its HR department who refused to obtain a hospital-required influenza vaccination or to don a mask at work as an alternative. In a...more
It’s time for our annual holiday season blog on the status of arbitration agreement enforceability in Missouri. Last year we brought you “Missouri Supreme Court Punts Two Lawsuits in a Row, on Direct Flights to Arbitration,”...more
Arbitration agreements have faced tackles and turbulence in a series of cases litigated in Missouri courts over the past few years. In the fall of 2017, the Supreme Court of Missouri issued two favorable arbitration agreement...more
Flu season is coming, and healthcare (and other) organizations may be asking whether they should have mandatory flu vaccine policies. If an employer decides to implement a mandatory program, the next question is how to...more
The end of the year is an opportune time for employers to make sure their noncompete and arbitration agreements are still valid. A recent Missouri federal court decision underscores how difficult it can be to enforce those...more
In Pittman v. Cook Paper Recycling Corp., WD 77973 (Mo. App. W.D. Oct. 27, 2015) a divided panel of the Missouri Court of Appeals for the Western District affirmed the dismissal of an employee’s claim of discrimination based...more
This year, Missouri courts have issued several decisions interpreting arbitration agreements between employers and employees. While some of these agreements have been enforced, others have been struck down. The Missouri Court...more
Arbitration agreements have been a roller coaster for Missouri employers. Recently, in State ex rel. Hewitt v. Kerr, the Missouri Supreme Court enforced such an agreement, sending an employee’s discrimination lawsuit to...more
In recent years, Missouri courts have seemed reluctant to enforce arbitration agreements entered into between employers and employees. But in a recent decision, the Missouri Supreme Court reversed that trend and compelled...more
6/13/2015
/ Age Discrimination ,
Arbitration ,
Arbitration Agreements ,
Arbitrator Selection Disputes ,
Arbitrators ,
Binding Arbitration ,
Consideration ,
Contract Renewal ,
Dispute Resolution ,
Employment Contract ,
Enforceability ,
Hiring & Firing ,
Labor Disputes ,
Mandatory Arbitration Clauses ,
NFL ,
Non-Signatories ,
Unconscionable Contracts
Still looking for a New Year’s resolution? The Missouri Court of Appeals rang in 2015 by refusing to enforce an arbitration agreement between an employer and an employee. The decision continues the robust trend in Missouri of...more
The Missouri Court of Appeals rang in the New Year by issuing an opinion that continues the trend in Missouri of restricting the enforceability of arbitration clauses. In light of this decision, employers should revisit their...more
This summer, the Missouri Supreme Court issued a decision that will affect arbitration agreements relied on by employers across the state. The decision—one of many in a recent trend of Missouri cases restricting the...more