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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Dec 23, 2020
On December 15, 2020, Melanie Keeney served as a panelist speaker for the program: “Navigating the Federal Sea Change: The Impact of the 2020 Election on Employers,” for the Employment Law Alliance regarding anticipated changes in employment-based immigration policy and regulations under the Biden Administration.
Melanie Gurley Keeney practices in the areas of employment, immigration and education law. Melanie has been included in Best Lawyers in America ® for 25 years, and has been recognized in all areas
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Dec 17, 2020
by Jim Layton On a 3-2 party-line vote, the Equal Employment Opportunity Commission recently proposed a substantial revision of Section 12: Religious Discrimination in the EEOC Compliance Manual. The Manual provides comprehensive guidance to EEOC investigators, employers, and employees with regard to EEOC enforcement of the Civil Rights Laws. The current version of the Manual notes that the number of religious discrimination claims filed with the EEOC has “increased significantly” – from 1,709 claims in 1997 to 2,880 claims in
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Oct 27, 2020
by Christine Self Illinois Sexual Harassment Training The Illinois Human Rights Act (IHRA) was amended by P.A. 101- 0221 to require that all Illinois employers, regardless of size, provide annual sexual harassment training to all employees. The initial training must be completed and documented by December 31, 2020 and annually thereafter. The Illinois Department of Human Rights (IDHR) developed a model training program (available via this link), which may be used for this purpose. Alternatively, employers
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Aigner S. Carr
Mandi D. Moutray
Melanie Gurley Keeney
Diane E. Metzger
John M. Reynolds
James R. Layton