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Employee rights
- TITLE: On Feb 9, 2010, the MO Supreme Court changed the law of “Public Policy” wrongful termination
On February 9, 2010 the Mo Supreme Court issued three wrongful termination decisions that substantially change the law of public policy discharge in Missouri
These decisions are good in some ways and horrible in other respects
I will be updating my wrongful termination materials soon
NUTSHELL SUMMARY of these cases ——-
In order to have a public policy discharge […]
- TITLE: Appeals Court rules “Exclusive Cause” applies to Public Policy Discharge cases
BOO - Missouri Court of Appeals rules Jan 2009 that the “exclusive cause” standard applies to proving a “public policy discharge” case
The case is Fleshner v. Pepose Vision Institute, where the appeals court reversed an employee’s jury verdict because the trial court did not use the “exclusive cause” standard
(We hope the Missouri Supreme Court […]
- TITLE: New FMLA Regulations effective January 16, 2009
New FMLA Regulations effective January 16, 2009
The US Department of Labor (DOL) has revised and re-published the regulations governing how the Family and Medical Leave Act (FMLA) must be administered.
According to the DOL, the new regulations have taken into account 15 years of experience with FMLA, including many court decisions.
Here’s an executive summary factsheet […]
- TITLE: Voting Rights for Missouri Employees contained in RSMo 115.639
Voting Rights for Missouri Employees - RSMo 115.639 - employers are sometimes required to give 3 paid hours off work to vote, but not always. You must request time off BEFORE election day, and meet the conditions I describe below.
Missouri employee voting rights are described in Missouri Law RSMo 115.639 . I have copied the […]
- TITLE: ADA Amendment Act of 2008 signed into law - This is a big deal folks
ADA employment provisions semi-fixed!!! On 9/25/08 President Bush signed S. 3406, The ADA Amendment Act of 2008
The 2008 Amendments to the ADA are effective January 1, 2009. Here are some links to more info:
Read the news report of the passage of Senate 3406. This report has a photo of President Bush signing the bill, […]
- TITLE: BJC Mandatory Flu Shots
The BJC health system is mandating flu shots, and I am getting calls and emails about it. Here are my quick and dirty thoughts —-
I am sorry to have to say the following:
Assuming that BJC’s order for flu shots applies to everyone under its control, or at least to large groups rather then selected individuals, […]
- TITLE: Whistleblower protections are part of new Consumer Product Safety law
Whistleblowers: On August 1, 2008, Congress sent President Bush a Consumer Product Safety bill with new whistleblower protections
I will write more about this bill later, H.R. 4040 (passed by both the House and Senate).
The law works kind of similar to the EEOC laws (discrimination laws), but the right to sue is not automatically granted.
The […]
- TITLE: Minimum wage changing in 2008
The US and Missouri minimum wages have both changed in 2008
US Federal minimum wage increases to $6.55 on July 24, 2008, and will change again in 2009
Missouri minimum wage increased to $6.65 on January 1, 2008, and will change again in 2009
See my minimum wage article for details and links about the Federal AND Missouri […]
- TITLE: Pro-Employee US Supreme Court cases about retaliation issued on May 27, 2008
US Supreme Court issued two nice Retaliation-related decisions on May 27, 2008
Here’s a quick summary of these two important pro-employee retaliation-related cases, along with links to the cases:
Oh, by the way, Here’s my general article about “retaliation”, to help you appreciate how important that subject is.
In Gomez-Perez v. Potter, the Court decided, once and for […]
- TITLE: 2008 Missouri legislature would weaken employee rights in SB 1046 and HB 1858
Missouri Legislature is trying to weaken Employees’ legal rights in 2008
Two bills are being considered which threaten Employees’ rights, SB 1046 and HB 1858
The two bills are designed to make it more difficult for employees to win cases.
SB 1046 would weaken our whistleblower protections. In one part, it would take the “Exclusivity” standard of proof […]
- TITLE: FMLA’s 26 week Servicemember Family Leave entitlement
FMLA was amended for 2008 to add a special Servicemember Leave entitlement
In 2008 FMLA was amended to add a Servicemember Family Leave entitlement.
FYI - See also my main FMLA article.
26 Weeks to care for a Servicemember, and you can get it if you are next of kin, spouse, parent or child
You can get the […]
- TITLE: FMLA update: Military-related FMLA leave for “next of kin”, plus proposed new FMLA regulations
FMLA news: The FMLA law is updated in 2008 to expand coverage related to care for military members, and the Dept of Labor is proposing changes to FMLA regulations
FYI - See also my main FMLA article.
See my separate article on FMLA 26 week Servicemember family leave.
ISSUE 1 - Effective January 28, 2008, FMLA now […]
- TITLE: MO State Merit System Employees have Service Letter rights too
Missouri State Merit System Employees Can Demand Service Letter, under 36.470
Missouri State Government Merit System employees have a right that is similar to the more well-known Service Letter law. See MO Law 36.470 - Missouri State Employees are entitled to a Service Letter. The Law defines the Service Letter as “a letter setting forth […]
- TITLE: FMLA and Light Duty - Do you have to accept light duty?
FMLA and Returning to Work on Light Duty
See also my main FMLA article.
Big WARNING: You might not be eligible for FMLA protection ——- To be eligible for FMLA protection, all of the following must apply:
You have to work for a large employer of 50 or more people within 75 miles of your jobsite
and you […]
- TITLE: Minimum Wage Info
Minimum Wage Info Page - Federal AND Missouri - they differ
FEDERAL MINIMUM WAGE
Federal minimum wage increases to $6.55 effective July 24, 2008, and will increase to $7.25 on July 24, 2009.
From July 24, 2007 to July 23, 2008, the Federal minimum wage was $5.85
Here is the Federal Dept of Labor’s Q and A page about […]
- TITLE: Missouri’s minimum wage changes every year.
Missouri has a decent minimum wage law now. Back in 2006, Missouri voters approved a progressive Missouri minimum wage law, requiring that the wage be adjusted as needed.
Missouri Minimum wage history:
Before the November 2006 election —- $5.15.
2007 - $6.50, due to the election of November 2006.
2008 - $6.65, after the required calculation […]
- TITLE: Finding what Missouri Employment - related legislation is currently pending
It’s easy to get an idea of what Employment Related legislation is currently pending in Missouri
The mere fact that a bill is pending does NOT mean it will pass. The great majority of bills die. But here’s an easy way for you to quickly get a feel for what might be working it’s way through […]
- TITLE: HB-1187 would prohibit abusive behavior in the workplace - but it’s dead in the water
A proposed 2006 Missouri House Bill, HB-1187, would make bullying or abusive behavior unlawful, and let the victim sue for damages - but this bill will probably die
Laws get proposed all the time. And the laws make the legislators look good, garner decent press coverage, and then die.
HB-1187 is dead as of 4-3-06. See […]
- TITLE: Sorry State of our employment protections
The sorry state of our Missouri employment protections
(This page is a work in progress) Below the Introduction is a Big Clickable List of laws and doctrines. Read the Intro first, please
INTRODUCTION: What’s here, and how YOU can check up on your legislature
This page will introduce you to some of the deficiencies in […]
- TITLE: Service Letter - Options for getting a service letter template
Several ways to get a blank Service Letter Request Form
NOTE: If you came to this page without reading my Service Letter article, please read it now.
If you came here without reading my Service Letter Instructions article, please read it now.
I have provided several ways for you to get a blank form. The best way is […]
Tim's Missouri Employment Law
is by Attorney Tim Willoughby
Tim is a St. Louis Missouri employment lawyer and a member of the National Employment Lawyers Association (NELA). Visit NELA.org and the Missouri Bar Website (see the directory of lawyers).
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