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
This month marks the 55th anniversary of the Civil Rights Act of 1964. This monumental legislation, which was signed into law by President Lyndon B. Johnson on July 2, 1964, changed the course of history with its sweeping ban...more
7/16/2019
/ Department of Labor (DOL) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Labor Regulations ,
LGBTQ ,
New Legislation ,
Quorum ,
Reasonable Accommodation ,
Regulatory Agenda ,
Reporting Requirements ,
Salary/Wage History ,
Service Animals ,
State and Local Government ,
State Labor Laws ,
USCIS ,
Wage and Hour
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
Between September 26, 2017, when for the first time in nearly a decade Republicans controlled the majority at the National Labor Relations Board (NLRB), and December 16, 2017, when Chairman Philip Miscimarra’s term expired...more
2/6/2018
/ Ambush Election Rules ,
Boeing ,
Collective Bargaining ,
Employee Handbooks ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Joint Employers ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Opinion Letter ,
State Labor Laws ,
Tip-Pooling ,
Unions ,
Unpaid Interns ,
Wage and Hour
Over the last few years, several federal courts—and, most recently last month, another appellate court—rejected the Obama administration’s mandatory six-prong test for whether someone can properly be classified as an unpaid...more
1/9/2018
/ Department of Labor (DOL) ,
Economic Realities Test ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Multi-Factor Test ,
Nonprofits ,
Obama Administration ,
Primary Beneficiary Test ,
Public Employers ,
Unpaid Interns ,
Wage and Hour
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
On June 30, 2017, Governor Grietens signed a bill which makes sweeping reforms to the Missouri Human Rights Act (MHRA). The MHRA is the state of Missouri’s primary anti-discrimination statute. ...more
The Missouri Human Rights Act (MHRA) is the state of Missouri’s primary anti-discrimination statute. The MHRA codifies for the state many of the federal anti-discrimination provisions found in the Americans with Disabilities...more
It’s true. The U.S. Equal Employment Opportunity Commission (EEOC) is taking the position that an emotional support animal may be a required reasonable accommodation in the workplace. In January, we explained that federal...more
Individuals wishing to begin the new year by taking a beloved pet or emotional support animal out to a restaurant may run into new legal deterrents in some states. While the Americans with Disabilities Act (ADA) entitles...more
In the last couple of years, pursuant to the Americans with Disabilities Act (ADA), the U.S. Equal Employment Opportunity Commission (EEOC) has prosecuted at least 12 lawsuits on behalf of deaf or hard-of-hearing employees or...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
The Missouri Department of Labor and Industrial Relations announced an increase to Missouri’s minimum wage, effective January 1, 2015. Missouri’s minimum wage has now increased to $7.65 per hour. This 15-cent increase over...more
The answer is “nothing really,” but the Eighth Circuit Court of Appeals successfully searched Al Capone’s vault to unearth the comparison in its recent opinion in Lucas v. Jerusalem Cafe, LLC....more
Unfortunately, it may be too late for some employers that have already begun their summer internship programs, but for-profit, private sector employers should be aware that they face a steep barrier when trying to establish...more