Department of Labor Issues Rule Raising Salary Level for Exempt Employees

On April 23, 2024, the United States Department of Labor (DOL) released its final rule increasing the minimum salary requirements for exempt (sometimes referred to as “salaried”) employees employed in a “bona fide executive, administrative, or professional capacity (commonly referred to as “white-collar” employees). [1] The final rule increases the minimum salary level from $35,568 per year for exempt employees to $58,656 per year. The final rule is set to roll out in two waves: Employers are required to increase

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Department of Labor Announces Independent Contractor Final Rule

On January 9, 2024, the U.S. Department of Labor (DOL) issued its final rule regarding how to determine who is an employee versus an independent contractor under the Fair Labor Standards Act (FLSA). The final rule rescinds the DOL’s 2021 Independent Contractor Rule that was published on January 7, 2021. Previously, the DOL announced on March 11, 2021 that this rule would be rescinded and replaced, with the proposed rule being published on October 13, 2022.

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Comment Period Closes for Proposed FLSA Regulation Updating Salary Level

On August 30, 2023, the United States Department of Labor (DOL) announced a proposed rule that would increase the minimum salary requirements for individuals employed in a “bona fide executive, administrative, or professional capacity (commonly referred to as the “white-collar” or “EAP exemption”). The DOL received approximately 33,309 comments during the notice and comment period, which closed on November 7, 2023. We are now waiting for the DOL to publish the final version of the rule.

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Department of Labor Proposes Withdrawal of Independent Contractor and Joint Employment Rules

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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Worker Classification Rules in Flux: What Missouri Employers Should Know

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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Tueth Keeney Attorneys Present for the Association of Corporate Counsel-St. Louis

On December 16, 2020, Melanie Keeney, Mollie Mohan, Jim Layton, Adam Henningsen, and Aigner Carr presented a CLE for the Association of Corporate Counsel-St. Louis on Labor and Employment Law: What to Expect in 2021.

Labor and Employment – Tueth, Keeney, Cooper, Mohan & Jackstadt, P.C. has successfully represented a number of businesses, large and small, throughout the Midwest in labor and employment matters. Our broad range of experience includes employment discrimination litigation, wage-hour

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Coronavirus Pandemic Planning in Missouri – Holding Legally Compliant Board Meetings

Frequently Asked Questions

Coronavirus Pandemic Planning: Holding Legally Compliant Board Meetings During this Time of Uncertainty

Below, we are listing answers or guidance we are providing in response to questions we have received relating to holding board meetings during this time of uncertainty. As time progresses, we will continue to provide updates or amended guidance, where necessary.

Can we hold a meeting without having anyone physically attend the meeting? Yes. However, the manner in

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New Efforts to Prevent Sexual Misconduct in Missouri Schools

House Bill 604, signed by Missouri Governor Mike Parson on July 11, 2019, attempts to close loopholes by tightening up prevention methods and outlining new required training for board members as well as students. Below are the new requirements: Screening for Volunteers– As of August 28, 2019, any school volunteer who will be left alone with a student will first be required to pass a background check. These volunteers could include, but are not limited to:

Aigner Carr and Ian Cooper Win Summary Judgment for Missouri College

Aigner Carr and Ian Cooper won summary judgment for Culver-Stockton College on November 2, 2018, in the Lewis County Circuit Court. After successfully obtaining dismissal of a Title IX federal lawsuit in 2017 brought by the same plaintiff, Ian and Aigner defeated the plaintiff’s subsequent common law tort claims brought in state court. Aigner successfully argued, and the Lewis County Circuit Court found, that res judicata precluded the plaintiff from bringing any additional state law claims arising out of the

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