City of St. Louis Reproductive Health Decision Ordinance
On February 13, 2017, the attached City of St. Louis Ordinance 70459 became effective. Among other things, it prohibits employers (with six or more employees) in the City of St. Louis from discriminating or taking any adverse employment action against any applicant or employee based on their pregnancy, condition related to pregnancy...
Trump Administration Withdraws Guidance for Public Schools on Transgender Student Issues, Including Restroom Access
Late on February 22, 2017, the Departments of Education and Justice (“Departments”) published a Dear Colleague Letter (“DCL”) withdrawing guidance which had previously been handed down by the Obama administration regarding public schools' treatment of transgender students. The previous guidance came in the form of two other DCLs, dated January 7, 2015 and...
Missouri Becomes Nation’s 28th Right to Work State
In a ceremony in Springfield, Missouri on February 6, 2017, Missouri Governor Eric Greitens signed Senate Bill 19 into law, making Missouri the 28th “Right to Work” state in the nation. The law, which will be effective August 28, 2017 (unless delayed or rejected by referendum) and will be found at R.S.Mo....
Federal Judge Blocks Implementation of DOL’s New Overtime Rule
On November 22, 2016, a federal judge in Texas issued a nationwide injunction barring implementation of the United States Department of Labor’s new overtime rule under the Fair Labor Standards Act, 29 U.S.C. § 201 et. seq. (“FLSA”), which was to become effective on December 1, 2016.
The...
Hearings For School District Employees on Administrative Leave
On September 14, 2016, the Missouri legislature overrode the governor’s veto and passed House Bill No. 1432, a copy of which you can find here. Under that bill, which was effective October 14, a school district employee, other than a probationary teacher, who is put on paid administrative leave must...
Presentation to Missouri School Boards’ Association on Transgender Students, the Courts, and OCR
On October 1, 2016, at the Missouri School Boards’ Association Annual Conference, Robert A. Useted, Thomas A. Durphy, and Erin M. Leach gave a presentation concerning transgender students in public schools, especially the divisive topic of restroom and locker room access for transgender students. We also reviewed the topics of bullying/harassment of transgender students; application...
New OSHA Rule Impacts Post-Injury Drug Testing Policies
The Occupational and Safety Administration’s (“OSHA”) new electronic reporting requirements impact certain employers’ post-accident drug testing policies that require an automatic drug test following a work related injury. OSHA adopted the rule in May 2016, (effective August 10, 2016) in order to improve tracking of workplace injuries and illnesses, by requiring...
Department of Labor’s Final FLSA Rule re: White-Collar Overtime Exemptions
On May 18, 2016, 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”). This rule represents the most significant modification of the FLSA’s overtime regulations in over twenty years.
Prior to the...
Missouri Supreme Court Expands Admissibility of “Me Too” Evidence in Age Discrimination Cases
On September 22, 2015, the Missouri Supreme Court, in a 5-2 decision, reversed a jury verdict in favor of the Kansas City Chiefs in a Missouri Human Rights Act (“MHRA”) age discrimination case brought by a former employee on the ground that the trial court improperly excluded evidence from numerous other older employees...
Missouri Appellate Court Rules Sexual Orientation Discrimination Not Actionable Under Missouri Human Rights Act
On October 27, 2015, the Missouri Court of Appeals, Western District, in a case of first impression, held that employees could not state a cause of action for discrimination or harassment based on sexual orientation or preference under the Missouri Human Rights Act (“MHRA”). Pittman v. Cook Paper Recycling Corp., 478 S.W.3d...