Articles
Actions Indicating Desire to Keep Job Support Involuntary Discharge Over Voluntary Relinquishment
On October 4, 2011, the Missouri Court of Appeals reversed another decision by the Labor and Industrial Relations Commission (“Commission”) denying unemployment benefits to a claimant who had been involuntarily discharged from her employment. In Harris v. Div. of...
IRS and MO and IL DOLs’ Crackdown on Mischaracterizing Independent Contractors
Just a couple weeks ago, Missouri and Illinois, along with other states, entered into an agreement whereby the respective states’ DOLs will share information with the IRS in order to permit the IRS to more strictly enforce the wage and hour laws. Companies that...
Confusion over Alleged “Misconduct” Leads to Reversal of Unemployment Benefits Denial
Tab Evans was a Field Representative at Contract Callers, which performed services for St. Louis area utilities. On June 18, 2009, Evans was tasked to reconnect electrical service to Ameren UE customers in an apartment building. Evans tried to access the electrical...
Non-Compete Agreements and the Competitive Advantage: Where Do You Fit In?
"Whenever you face a man who's playing your instrument, there's a competition." Wynton Marsalis, American musician Just as musicians feel threatened by other musicians who play their instruments, employers feel threatened when former employees work for competitors...
Occupation Disease Claims No Longer Subject to Workers’ Compensation Law Exclusivity Provisions
On September 13, 2011, the Missouri Court of Appeals departed from well-established Missouri caselaw in holding that individuals may bring occupational disease claims through civil actions even though they may also have workers’ compensation remedies available for the...
Missouri Court of Appeals Reaffirms Stiff Burden for Showing Misconduct Precluding Unemployment Benefits
Section 288.030.1(23) of the Missouri Revised Statutes defines “misconduct” for purposes of unemployment benefits as: an act of wanton or willful disregard of the employer’s interest, a deliberate violation of the employer’s rules, a disregard of standards of behavior...
Can I Comp the Overtime? Federal and State Laws Affecting Compensation
So you worked over 50 hours last week to pay off some debt and you can't wait for that overtime check? You are probably under the impression that your employer has a legal obligation to compensate you extra for your overtime hours. Not so fast. People often make the...
Businesses Should Not Overlook the Importance of Evidence Preservation in Today’s World of E-Discovery
Larger corporations have faced this reality for many years: litigation involving records can be extremely costly, very disruptive and just a pain in the “you-know-what.” Now smaller companies are also experiencing what their larger counterparts have known for some...
MAI 31.24 Applies Exclusive of Federal Authority for MHRA Employment Discrimination Claims
The Missouri Court of Appeals recently affirmed a trial court’s refusal to give four non-MAI jury instructions in a MHRA employment discrimination case. McCullough v. Commerce Bank, WD71625, 2011 WL 3106914 (Mo. App. W.D. July 26, 2011). The issue on appeal was...
Calls to Employee on FMLA Leave Lead to Claim for Emotional Distress
A U.S. federal judge has allowed a claim for emotional distress brought by a community college employee who received numerous calls from her supervisors while on FMLA leave for cancer-related surgery. During her FMLA leave, the employee alleged that she received many...
High Court Holds that Oral Complaints Fall Within the Anti-Retaliation Protections of the FLSA
The United States Supreme Court recently ruled in Kasten v. Saint-Gobain Performance Plastics Corp. that an employer’s termination of an employee in response to an oral complaint about working conditions does subject the employer to potential liability for violation...
Equal Employment Opportunity Commission Issues Final Regulations under the Amendments to the Americans with Disabilities Act
In 2008, the United canadian healthcare States Congress enacted amendments to the Americans with Disabilities Act of 1990 (“ADA”). In March 2011, the Equal Employment Opportunity Commission (“EEOC”), which is charged with writing and adopting regulations, promulgated...