U.S. Department of Labor Proposes New Rule to Determine Who is an Employee and Who is an Independent Contractor Under the Fair Labor Standards Act

by Adam Henningsen and Mollie Mohan On October 13, 2022, the U.S. Department of Labor (DOL) published a proposed rule regarding how to determine who is an employee versus an independent contractor under the Fair Labor Standards Act (FLSA). The proposed rule would rescind an earlier rule on this topic that was published under the Trump Administration. The current rule’s “economic reality” test focuses on whether workers are economically dependent on an employer or are in business for themselves. The

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NLRB Proposes Changes to Joint-Employer Standard

by Adam Henningsen The National Labor Relations Board recently released a notice of proposed rulemaking addressing the standard for determining joint-employer status under the National Labor Relations Act. Under the proposed rule, two or more employers would be considered joint employers if they “share or codetermine those matters governing employees”™ essential terms and conditions of employment,” such as wages, benefits and other compensation, work and scheduling, hiring and discharge, discipline, workplace health and safety, supervision, assignment, and work rules.  

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Mollie Mohan Interviewed for ELA Employment Matters Podcast on International Women’s Day

Tueth Keeney attorney, Mollie Mohan, was interviewed for ELA‘s Episode 365 of the Employment Matters podcast on March 8th, International Women’s Day.   Mollie discussed legal issues impacting women, including the U.S. women’s soccer team settlement, Equal Pay Act claims, and pending cases before the US Supreme Court.

Mollie G. Mohan practices primarily in the areas of labor & employment, litigation, and higher education. Mollie represents colleges, universities, and private employers in labor and employment

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Federal Appeals Court Rules That Federal Law May Require Mask Mandates in Public Schools

by Jim Layton In a suit brought by parents of children with serious disabilities, the St. Louis-based U.S. Court of Appeals for the Eighth Circuit upheld an injunction against an Iowa law barring mask mandates in public schools. The court held that “mask requirements are reasonable accommodations required by federal disability law to protect the rights of Plaintiffs”™ children.” “Reasonable accommodations” for students (and staff) with disabilities are required by the federal Rehabilitation Act. Prior to the enactment of a

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DHS Extends I-9 In-Person Verification Flexibility Until April 30, 2022

by Luke Phillips On December 15, 2021, U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility policy regarding the in-person verification of identity and employment eligibility documentation for Form I-9, Employment Eligibility Verification, due to continued precautions associated with COVID-19.  The Department of Homeland Security (DHS) will extend this policy until April 30, 2022. Please note, this flexibility policy only applies to employers and workplaces that are operating remotely.  If there are employees physically present at a

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OSHA Releases Emergency Technical Standard Requiring Employers to Mandate Vaccines or Testing for Employees

by Veronica Potter On November 5, 2021, the Occupational Health and Safety Administration (OSHA) released an Emergency Temporary Standard (ETS) on COVID-19 vaccination and testing requirements for employers. The ETS requires employers with 100 or more employees to either implement a mandatory vaccination policy, or to allow employees to choose between vaccination and weekly testing and wearing a face covering. OSHA has also released an FAQ, webinar, and read more

President Biden Announces New COVID-19 Vaccination Mandates

by Mollie Mohan, Kate Nash, Lisa Berns, and Christine Self On September 9, 2021, President Biden announced a sweeping new plan to increase the country’s COVID-19 vaccination rate. A summary of the plan, and its implications for Missouri and Illinois employers, is below. OSHA Rule Mandating Vaccines for Employers with Over 100 Employees President Biden announced that the Department of Labor’s Occupational Safety and Health Administration (OSHA) is developing a rule that will apply to employers with 100 or

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Weighing Conviction History in Illinois Employment Decisions

by Christine Self Amendments to the Illinois Human Rights Act (“IHRA”) that took effect March 23, 2021, make it a civil rights violation for an employer to use an individual’s conviction record “as a basis to refuse to hire, to segregate, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges or conditions of employment”¦unless:   (1) there is a substantial relationship between one or more of

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Missouri Governor Signs COVID-19 Liability Bill

by Jenna Lakamp On July 7, 2021, Missouri’s Governor Parson signed into law a bill limiting civil lawsuits that can be brought against Missouri business, religious organizations, and health care providers.   SB51 was passed by the Legislature on May 25, 2021, with support from Governor Parson. The law states that no individual or entity will be liable for any COVID-19 exposure, unless the individual can prove they were exposed and suffered illness by “clear and convincing evidence.”   In

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