Shands Elbert Lawyers Establish New Precedent for Employers
Shands Elbert lawyers Mark J. Bremer and D. Leo Human prevailed in a recent case in front of the Missouri Supreme Court involving novel issues interpreting the Missouri Human Rights Act. In the case, Lin v. Ellis, the plaintiff argued that her request for an accommodation of a back condition was protected activity...
Missouri Supreme Court Limits Application of MHRA to Injuries in State
In two December 24, 2019 decisions, the Missouri Supreme Court clarified and limited the application of the Missouri Human Rights Act (“MHRA”) to employers that are located in Missouri but have out of state employees.
The two cases, Tuttle v. Dobbs Tire & Auto Centers, Inc., SC97721, and State ex rel....
Shands Elbert Law Firm and Lawyers Recognized in Best Lawyers and Super Lawyers
Shands, Elbert, Gianoulakis & Giljum, LLP is pleased to announce that the firm received a Tier 1 ranking in the 2020 Edition of U.S. News – Best Lawyers in America “Best Law Firms®” for Employment Law – Management, Litigation – Labor & Employment, Litigation – Municipal, and Legal Malpractice Law – Defendants in the St. Louis metropolitan...
Department of Labor’s Final FLSA Rule re: White-Collar Overtime Exemptions
On September 24, 2019, the United States Department of Labor released its final revised overtime rule under the Fair Labor Standards Act, 29 U.S.C. § 201 et. seq. (“FLSA”).
Prior to the rule, the longstanding overtime exemption requirements...
Plaintiff’s Divorce Proceeding Statement that He Can’t Work May Preclude Disability Discrimination Damages Claim against Employer
On March 19, 2019, the Missouri Supreme Court held that an employee/plaintiff’s inconsistent positions regarding his ability to work in separate judicial proceedings may prevent his claim for damages for disability discrimination. The case illustrates the difficulty even sophisticated parties have in navigating state and federal employment discrimination laws.
Plaintiff, who suffered from muscular dystrophy,...
EEOC Supposed to Provide Information for Paid Data Collection on April 3, 2019
On March 4, 2018 the United States District Court for the District of Columbia in National Women’s Law Center et al. v. Office of Management and Budget, No. 17-CV-2458, held that the Office of Management and Budget’s stay of the 2017 EEOC requirement that compensation be provided in the Revised EEO-1 report [required for...
Court Enjoins Enforcement of Public Sector Collective Bargaining Law
In Missouri NEA et al. v. Missouri Department of Labor and Industrial Relations et al., Case No. 18SL-CC03310 (“Litigation”) the NEA and six other labor organizations (Plaintiffs) sued the Missouri Department of Labor and Industrial Relations (Department), the State Board of Mediation (“SBM”), Ferguson-Florissant and Hazelwood School Districts and various other public bodies (“Defendants”)....
Brad Stevens Speaks at St. Louis County Library Seminar
Brad Stevens was a featured presenter on the topic “Protect Your Estate - There is No Mystery in Estate and Tax Planning” at a free seminar sponsored by the St. Louis County Library Foundation on Wednesday, March 13, 2019 at 7 PM at the Headquarters Branch of the St. Louis County Library, 1640...
New Proposed Overtime Regulations would Make More than 1 Million More American Employees Eligible for Overtime
On March 7, 2019, the U.S. Department of Labor (“DOL”) released proposed changes to the overtime regulations under the Fair Labor Standards Act, 29 U.S.C. § 201 et. seq. (“FLSA”). Currently, the salary threshold for certain “white collar” employees to be exempt from overtime wages is $23,660 ($455 per week). The proposed rule would...
Missouri Supreme Court Rules Gay and Transgender Plaintiffs Have a Claim under the Missouri Human Rights Act
A pair of cases decided by the Supreme Court of Missouri yesterday held that two plaintiffs — a gay employee and a transgender student — both stated sufficient allegations to proceed with a lawsuit under the Missouri Human Rights Act (“MHRA”).
Each of these cases was focused on the legal requirements for proceeding with...