Polsinelli at Work |  Labor & Employment Blog

Employers, whether large or small, face an ever-growing web of workplace regulations and potential entanglements with employees. With employment litigation and advocacy experience as our strength, preventing legal problems from arising is our goal.  Our Labor & Employment attorneys advise management on complex employee relations and workplace issues. 19 offices; 800+ attorneys. 


Expect Changes in 2017 to Employment Related Causes of Action in Missouri

Expect Changes in 2017 to Employment Related Causes of Action in Missouri

By Christopher L. Johnson

Following the 2016 election of Missouri’s Republican governor, Eric Greitens, the majority Republican legislature wasted no time reviving amendments to the Missouri Human Rights Act (MHRA) that were vetoed by then Governor Nixon in in 2011. 

One of three separate bills filed this year, each identical to the bill passed and vetoed in 2011 (SB43, HB550, and HB552), is expected to pass and be signed into law by Gov. Greitens this year. The legislation generally modifies the MHRA causes of action to mirror those under Title VII. 

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Precedent Setting Work From Home Arrangements: 7th Circuit FMLA Decision Shows Need for Proper Training and Caution

Precedent Setting Work From Home Arrangements: 7th Circuit FMLA Decision Shows Need for Proper Training and Caution

By Michael J. Lorden

On January 9, 2017, the 7th Circuit (in a decision by Judge Richard Posner) issued a timely reminder that employers should exercise caution when reneging on work-at-home promises. In Wink v. Miller Compressing Company, the employer initially granted an employee’s request for intermittent Family and Medical Leave Act (FMLA) leave to take her autistic child to therapy and daycare. Approximately six months later, the employee’s son could no longer attend daycare, and the employer granted the employee’s request to work from home two days per week and use FMLA time while she was caring for her son rather than working. 

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4 Things to Consider When Your Company is Ordered to Mediation

4 Things to Consider When Your Company is Ordered to Mediation

By Carol C. Barnett 

Mediation of employment matters is on the rise. When faced with an employment case, your company may be ordered to mediation or the court rules may require it. It is also common to receive a letter from the Equal Employment Opportunity Commission (EEOC) or state agency advising the company that by choosing to mediate, the company will not be required to go to the time and expense of a charge investigation or submit a position statement. Click below to see four issues before considering whether mediation is right for your case.

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Changing the Guard: What to Expect From a "Trump" NLRB

Changing the Guard: What to Expect From a "Trump" NLRB

By Bradley G. Kafka and Robert E. Entin

When President Elect Trump is inaugurated, he will immediately have the opportunity to appoint two new members of the National Labor Relations Board (NLRB). Both of those appointees will be Republican appointees, and will immediately provide the NLRB with a Republican majority. A new “Trump Board” will have the opportunity to review existing decisions as new cases arise, but due to the time progression of most NLRB cases, the result of this review will not likely be felt prior to the middle of 2018. This blog post will review precedential decisions established by the present “Obama Board” that are likely to be considered and revised or reversed by the new Trump Board.

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Answering 4 Key Questions Raised by Arizona’s New Independent Contractor Law

Answering 4 Key Questions Raised by Arizona’s New Independent Contractor Law

By Adam B. Merrill

In August 2016, the Arizona legislature implemented a new statute governing the relationship between independent contractors and the entities with which they contract. Here are four key questions raised by the new law, known as the Declaration of Independent Business Status law (DIBS), codified at A.R.S. § 23-1601, with corresponding answers:

  1. How can Arizona companies prove the existence of an independent contractor relationship under the new law?
  2. What must be included in the declaration?
  3. Is a declaration required to establish independent contractor status?
  4. Can the independent contractor status still be challenged if a declaration is obtained?
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