Mar 22, 2021
by Aigner Carr As discussed in our prior insight, the Department of Labor (DOL) continues to revise its independent contractor and joint employment rules. As anticipated, the DOL announced on March 11, 2021 a proposal to rescind the Independent Contractor final rule. The final rule was published in January 2021, with an expected effective date of March 8, 2021. However, the Biden administration issued a regulatory freeze on recently adopted laws, including the previous administration’s Independent Contractor
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Mar 10, 2021
by Jim Layton We previously noted that the Equal Employment Opportunity Commission (EEOC) proposed a substantial revision of Section 12: Religious Discrimination in the EEOC Compliance Manual (“Religious Discrimination Manual”). On January 15, 2021, the EEOC adopted a slightly revised version of the proposed Manual-again, in a 3-2 vote. The final version is available here. The “major comments” made on the proposed revision are summarized in an addendum included with that final version. The new Religious
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Mar 10, 2021
by Veronica Potter On March 2, 2021, the Missouri Supreme Court released an order (Order) amending the Missouri Rules of Civil Procedure (Rules) to enact new discovery provisions. The Missouri legislature previously passed a law in 2019 that amended the discovery Rules in order to bring them more in line with the Federal Rules. Senate Bill 224 (SB 224) was signed by Governor Parsons on July 10, 2019 and took effect on August 28,
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Feb 15, 2021
by Aigner Carr and Adam Henningsen Employers often struggle with applying various tests to classify workers as employees and independent contractors. Properly classifying workers is important for a myriad of reasons. Only employees are entitled to the benefits and protections of the Fair Labor Standards Act (“FLSA”), including minimum wage and overtime requirements. Independent contractors lack such protections and benefits. Misclassifying workers can expose an employer to significant liability under federal and state wage and hour laws, anti-discrimination laws, and
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Feb 4, 2021
Join Tueth Keeney attorneys on February 17th for the SHRM 2021 Virtual Legal Update. Melanie Keeney and Mandi Moutray will discuss Critical Policy and Handbook Updates, Christine Self will discuss updates for Illinois employers, and Jenna Lakamp will discuss practical considerations for medical marijuana. Click here to learn more and to register for the virtual legal update!
Melanie Gurley Keeney practices in the areas of employment, immigration and education
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Feb 1, 2021
by Christine Self In our recent Insight, EEOC Updates its COVID-19 Guidance to Address Vaccines, Tueth Keeney discussed the grant of FDA Emergency Use Authorization (EUA) for two COVID-19 vaccines. Our guidance indicated that employers could encourage their employees to take the COVID vaccines without running afoul of the ADA, Rehabilitation Act and other EEO requirements, if they ensure that any mandate (post-EUA period) provides exemptions for sincerely held religious beliefs and employees with disabilities. Of
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Jan 15, 2021
The shareholders of the law firm Tueth Keeney Cooper Mohan & Jackstadt, PC recently elected Diane E. Metzger to the Firm’s Management Committee as of January 1, 2021. Diane joins Margaret Hesse and Kate Nash, making Tueth Keeney’s Management Committee all-female for the first time in the Firm’s history. Outgoing Management Committee member Rob Jackstadt will continue to assist in an ex officio capacity, and will represent the Firm’s Edwardsville office. Rob served as the Finance Chair of the Management
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Jan 7, 2021
by Christine Self As schools and other employers continue or transition back to remote school and teleworking with the latest spikes in COVID-19 cases, employers must consider several employment issues about employee rights under those conditions. There are many considerations for employers as they request or require their employees to telework or when employees request to do so, including the requirement to reimburse employees for all “necessary expenditures or losses” incurred in the employees’ scope of employment, as outlined in
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Jan 6, 2021
by John Reynolds This is a reminder for our St. Louis City private employers that St. Louis City Ordinance 71074, which prohibits St. Louis City employers from basing job hiring or promotion decisions on applicant’s criminal histories, recently went into effect on January 1, 2021. Similar ordinances are already in place in Columbia and Kansas City, Missouri. In order to help employers ensure compliance, below is a summary of key components of the Ordinance:
Jan 5, 2021
by Kristine Nazir On December 31, 2020, President Trump extended Proclamation 10052 until March 31, 2021. Proclamation 10052 suspended the entry of certain H-1B, L-1, and J-1 visa holders into the United States in light of the COVID-19 pandemic. At this time, it is unknown if President-elect Biden will rescind the Proclamation when he takes office. Due to the current uncertainties associated with international travel and the impact of COVID-19, we generally recommend against traveling abroad, if such travel can
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Aigner S. Carr
James R. Layton
Veronica E. Potter
Mandi D. Moutray
Melanie Gurley Keeney
Diane E. Metzger
John M. Reynolds