Articles
U.S. Supreme Court Issues Major Ruling Regarding Employment Discrimination
Under the federal discrimination laws, such as Title VII of the Civil Rights Act, courts have reached different conclusions as to whether a particular employee was a “supervisor.” The distinction is important. In a workplace harassment suit under Title VII, where an...
Employer Shared Responsibility Payments and Information Reporting Requirements Under the Affordable Care Act Delayed Until 2015
The Treasury Department in conjunction with the Obama administration announced yesterday that implementation of certain provisions of the Affordable Care Act (ACA) will be delayed until 2015. These provisions include the employer shared-responsibility provisions as...
Employment Discrimination: Reinstatement vs. Front Pay
The remedies available to employees in employment discrimination cases depend in large part on the facts presented and the statutes allegedly violated. Employees generally have multiple forms of relief at their disposal, including back pay and lost wages;...
OMG! Social Media Policies Under More Legal Scrutiny – Time to TCOB …
With the National Labor Relations Board (NLRB) becoming more active in striking down social media policies, employers may not be Laughing Out Loud if faced with an unfair labor practice charge. Taking Care Of Business now involves some straightforward steps to achieve...
Internet Sales Alter Scope of Non-Compete Agreements
Traditionally, non-compete agreements have included a geographic scope to protect an employer’s customer contacts and goodwill. The general rule is that non-compete agreements are enforceable to the extent they can be narrowly tailored geographically and temporally,...
FMLA vs. Short-Term Disability
The Family Medical Leave Act (“FMLA”) and short-term disability are separate and distinct forms of protection for employees who encounter medical problems. However, because employees generally use their short-term disability in conjunction with their FMLA leave,...
The IRS Recently Advised an Individual May Be an Employee, Independent Contractor or Both!
The Internal Revenue Service (“IRS”) recently ruled that a person, providing services to the same company, may be classified as an employee, independent contractor or in some situations, both. The unusual pronouncement by the IRS came in the context of a professional...
October 1, 2013 Deadline for Employer Notices under Affordable Care Act
The Affordable Care Act (ACA) added a section to the Fair Labor Standards Act (FLSA) that said an applicable employer must provide a written notice to each existing employee. The original deadline of March 1, 2013 has now been extended by the Department of Labor....
Court Rules Against Employee with Epilepsy
A mammography technician, who has epilepsy, suffered numerous seizures during her work at a hospital. One seizure caused her to fall and resulted in a head wound requiring staples. Two other seizures occurred in the presence of patients receiving mammograms. A patient...
The Surprise Partner in Financing Your New Condominium Home: The Condominium Association
With the recent upswing in the housing market after enduring more than five years of the Great Recession, home buyers looking to buy a condominium have more than the size of their down payment and credit score to worry about. The condominium project and its...
Promises, Promises
The Missouri Court of Appeals recently considered whether an electrical contractor pleaded sufficient facts to establish that a “promise” was made by a general contractor to use the electrical company on a building project for St. Louis County. In its petition, the...
Taxicab Drivers Are Employees Under the Missouri Human Rights Act
The Missouri attorney general recently filed a complaint with the Missouri Commission on Human Rights (the "Commission") alleging that a taxicab company discriminated against a taxicab driver in violation of the Missouri Human Rights Act ("MHRA"). Specifically, the...