With the smells of turkey, stuffing, and cranberry sauce about to fill kitchens across the country next week, people are getting ready for the holiday season. And as Norman Rockwell has taught us, nothing says the holidays more than a blanket of snow on the ground. But what happens when that blanket of snow prevents employees from reporting to work? Or, even worse, causes an employer to shut down its business for the day? Do you, as an employer, still have to pay your employees? As with most compensation issues, the answer depends on whether the employee is exempt or non-exempt.Read More
Polsinelli at Work | Labor & Employment Blog
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By Brian K. Morris
In recent months, we have written about the limits Article III places on plaintiffs bringing Fair Credit Reporting Act (FCRA) claims. (See here, here, and here). In October, two federal district courts further illustrated these limits by dismissing FCRA actions based on lack of Article III standing.
On November 7, 2017, the U.S. House of Representatives voted on and passed the Save Local Business Act, H.R. 3441 (the Act). If passed by the Senate and signed into law by President Trump, the Act would reverse a National Labor Relations Board (NLRB) decision that expanded the definition of what entities can be considered “joint employers” for purposes of the National Labor Relations Act (NLRA).Read More
Many states allow businesses to require employees to sign agreements restricting their competitive activities following the termination of employment. Such restrictive covenant agreements, including non-competition and non-solicitation agreements, can be great tools to protect an employer’s business interests.Read More
Neither Title VII nor the Missouri Human Rights Act (the “MHRA”) expressly prohibits discrimination on the basis of sexual orientation. In a prior post, we discussed a developing theory adopted by courts and administrative agencies that extends Title VII protections of sex discrimination to LGBTQIA individuals on the basis of nonconformance to gender stereotypes. The Missouri Court of Appeals recently held for the first time that the MHRA similarly supports a sex-stereotyping theory and that “[s]ex-based stereotyping can give rise to an inference of unlawful discrimination.”Read More