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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Comment Period on Proposed Title IX Regulations Draws to a Close

The deadline to submit comments on the proposed Title IX regulations is quickly approaching. The Notice of Proposed Rulemaking on Title IX was released by the Department of Education on November 16, 2018, and was published in the Federal Register on November 28, 2018, starting the clock on the 60 day comment period. Comments can be submitted through the Federal eRulemaking Portal at Regulations.gov. To date, over 66,000 comments have been submitted in response

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