Mollie Mohan, Veronica Potter, and Ian Cooper Win MHRA Jury Trial for Lincoln University

On March 1, 2023, Judge Jon Beetem of the Circuit Court of Cole County entered Judgment for Lincoln University following a five-day jury trial between January 22 and 30, 2023.   Judge Beetem directed a verdict for Defendant, Lincoln University, on all of Plaintiff’s claims under the Missouri Human Rights Act.   The Plaintiff, Jim Marcantonio, was employed by the University as its Director of Human Resources for 18 years.   Plaintiff claimed in his lawsuit that he was subjected

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10 Things You Should Know About the Proposed Title IX Regulations

by Veronica Potter On June 23, 2022 ““  on the 50th anniversary of Title IX ““ the Department of Education released a Notice of Proposed Rulemaking (NPRM) with its proposed Title IX regulations. The proposed regulations were long awaited, as the plan to replace the existing 2020 Title IX regulations (2020 Regulations) enacted by the Trump Administration was announced shortly after President Biden took office. The unofficial version of the NPRM is available online now, and the

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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

MORE Title IX Changes for Higher Education? New Guidance Regarding Use of “Statements” Not Subject to Cross-Examination in Hearing Determination

by Veronica Potter and Kate Nash Since the August 14, 2020 implementation date for the new Title IX regulations (the “Regulations”), institutions of higher education have worked to provide fair process to students while complying with some of the more difficult and onerous regulatory provisions. One of those provisions, found in 34 CFR 106.45(b)(6)(i), prohibits determinations that rely on “statements” not subjected to cross-examination during a live hearing. A recent court decision found this particular provision invalid.

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Department of Education Releases Questions and Answers on Title IX Regulations

by Veronica Potter On July 20, 2021, the Department of Education’s Office of Civil Rights (OCR) published it’s Questions and Answers on the Title IX Regulations on Sexual Harassment (“Q&A”). This resource contains a series of questions and answers regarding the regulations on Title IX that went into effect on August 14, 2020 (“2020 Regulations”), as well as excerpts of example policies from elementary, secondary, and postsecondary institutions. In a blog

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Missouri Supreme Court Updates Civil Discovery Rules

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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Department of Labor Proposes Rule Establishing “Economic Reality” Test for Independent Contractors

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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Department of Education Releases Final Title IX Regulations: Key Provisions for Higher Ed

by Veronica Potter On May 6, 2020, the U.S. Department of Education (“ED”) released the final Title IX regulations (“Final Rule”). ED had previously issued a Notice of Proposed Rulemaking (“NPRM”) in November 2018. The NPRM was subject to notice and comment through January 2019, and during this time, over 124,000 comments were submitted to ED. The implementation date for the Final Rule is August 14, 2020. The Final Rule is quite lengthy ““ over 2,000

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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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Tueth Keeney Presents Annual Association of Corporate Counsel CLE Program

ACC CLETueth Keeney partnered with the Association of Corporate Counsel ““ St. Louis on November 22, 2019 for its annual CLE luncheon. This year’s presentation was titled: “What’s New and on the Horizon in Employment Law.” The presentation was well attended and covered a variety of topics in employment law. Margaret Hesse and Jim Layton presented on recent Missouri Supreme Court arguments on the Missouri Human Rights Act

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