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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Oct 26, 2020
by Veronica Potter On September 22, 2020 the Department of Labor announced a proposed rule relating to the definition of employee under the Fair Labor Standards Act (FLSA), specifically clarifying the distinction between employees and independent contractors. The FLSA does not include a definition of “independent contractor.” The distinction is important, as the minimum wage and overtime requirements under the FLSA apply only to employees and not to independent contractors. Because there is no statutory definition,
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Jul 24, 2020
by Adam Henningsen The U.S. Supreme Court recently issued an important decision concerning the “ministerial exception” to federal employment discrimination laws. The ministerial exception is a legal doctrine that protects religious entities from being sued for alleged discrimination. Courts generally refrain from adjudicating matters involving employment decisions regarding employees who perform certain functions for churches and other religious institutions. This “ministerial exception” comes from the First Amendment principle that governmental regulation of church administration, including the appointment of ministers, impedes
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Jul 23, 2020
by Jim Layton Governor Parson has completed action on bills passed by the 2020 Missouri General Assembly. Many of the bills the governor signed may affect Tueth Keeney clients. Among the significant provisions of those bills, most of which become effective August 28:
- The tort reform bill changes the law regarding punitive damages. It imposes new procedural requirements and a higher burden of proof, bars juries from basing punitive damage awards on harm to persons other than plaintiffs in
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Jun 22, 2020
by Adam Henningsen & Mollie Mohan On June 15, 2020, the U.S. Supreme Court ruled that the federal law prohibiting sex discrimination in the workplace also protects against discrimination based on sexual orientation and gender identity. The Bostock v. Clayton County decision consolidated three separate cases that dealt with alleged discrimination in the workplace. In each case, the plaintiffs alleged that their employers fired them after learning of their sexual orientation or transgender status. The central
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Jun 11, 2020
In December of 2018, Ian Cooper and Mollie Mohan won a Judgment for the City of Columbia, Missouri in Boone County Circuit Court. The case, Sanders v. City of Columbia, involved a former Police Officer for the City who was dismissed following his use of force on a prisoner in a holding cell. The former Officer filed suit seeking reinstatement, back pay, benefits, and other relief. A Judge in the Cole County Circuit Court initially ruled in favor of the
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Apr 1, 2020
On April 2, 2020, Melanie Keeney will join a panel of top immigration law experts from across the country to discuss issues facing employers as they continue to navigate the complexities presented by the COVID-19 pandemic. Employment Law Alliance is hosting the webinar, “Managing a Global Workforce During the Pandemic: A U.S. Immigration Law Perspective.” Clients and friends of the Firm are encouraged to listen in tomorrow!
Melanie Gurley Keeney practices in the areas
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Mar 28, 2020
On March 24 and 26, 2020, the Department of Labor issued updated guidance regarding the Families First Coronavirus Response Act (“FFCRA”). Specifically, the guidance addresses how employers should handle employee leave under the Emergency Paid Sick Leave Act (“EPSLA”) and the Emergency Family and Medical Leave Expansion Act (“EFMLA”). The updated guidance addresses the following issues:
- How to count employees for the 500-employee threshold
- Documentation required to qualify for the small business exemption
- Calculating hours and rates
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Mar 21, 2020
On March 18, 2020, President Trump signed into law the “Families First Coronavirus Response Act.” This law expands rights to Family and Medical Leave Act (“FMLA”) leave and provides paid leave for employees impacted by COVID-19. These provisions go into effect on April 1, 2020 and will sunset on December 31, 2020. The provisions discussed in detail below apply to private employers with fewer than 500 employees. Employers with fewer than 50 employees may be exempted from
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Mar 5, 2020
by Adam Henningsen The U.S. Department of Labor (DOL) recently announced a final rule to update its regulations interpreting joint employer status under the Fair Labor Standards Act (FLSA). Under the FLSA, an employee may have””in addition to his or her employer””one or more joint employers who are jointly and severally liable with the employer for the employee’s required minimum wage and overtime pay. In the final rule, the DOL provides a four-factor test for determining
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Veronica E. Potter
James R. Layton
Mollie G. Mohan
Ian P. Cooper
Melanie Gurley Keeney