On June 4, 2018, the U.S. Supreme Court released its long-awaited decision in Masterpiece Cakeshop, Ltd v. Colorado Civil Rights Commission, 584 U.S. ___ (2018), which examined whether a Colorado bakery violated that state’s Anti-Discrimination Act by refusing to bake a wedding cake celebrating a same-sex marriage ceremony. While a 7-2 majority of the
Wave hello to more individualized arbitration: SCOTUS says class action waivers in employment agreements valid
In a 5-4 decision written by newcomer Justice Gorsuch, the U.S. Supreme Court upheld employment agreements that require employees to individually arbitrate disputes with their employers.
The May 21, 2018, opinion in Epic Systems Corp. v. Lewis resolves a trio of cases before the Supreme Court in which employees brought suits against their employers alleging
Missouri right-to-work proposition moves to August primary
The Missouri legislature has approved a proposal that moves the date of a public vote on the state’s right-to-work law to the August 2018 ballot.
The proposal was approved 96-47 in the Missouri House on May 17. The Senate had already passed the measure. The legislative approval moves a statewide vote on whether to prevent
Missouri Senate committee approves bid to move right-to-work vote to August
On May 8, 2018, a Missouri Senate committee approved a proposal to have voters decide in August 2018, rather than November 2018, whether to prevent the Missouri right-to-work law from taking effect. If allowed to become effective, the right-to-work law would prohibit employers from requiring employees to join a union or pay union dues as
Update: Additional leave as a reasonable accommodation
As we reported last fall, the Seventh Circuit Court of Appeals determined that a multi-month continuous leave of absence is beyond the scope of a reasonable accommodation under the ADA. The case was Severson v. Heartland Woodcraft, Inc., 872 F.3d 476 (7th Cir. 2017). After exhausting 12 continuous weeks of FMLA leave for a serious
Supreme Court rejects narrow construction of FLSA exemptions
On April 2, 2018, the U.S. Supreme Court, in a close 5-4 decision, held that car dealership service advisors are exempt from the overtime requirements of the Fair Labor Standards Act (FLSA). In reaching this conclusion, the court rejected the long-held belief that FLSA exemptions should be applied narrowly.
The lawsuit, which originated in California
New government division aims to protect health workers’ religious freedom
The U.S. Department of Health and Human Services (HHS) earlier this year announced that it would create a new division within the Office of Civil Rights (OCR) to enforce certain federal laws to protect religious freedom and the rights of conscience of workers in health and human services. This new Conscience and Religious Freedom Division
Broad severance agreement confidentiality provisions may violate the NLRA
A National Labor Relations Board administrative law judge in February struck down two provisions in a severance agreement relating to confidentiality and participation in third-party claims. In Baylor University Medical Center, the administrative law judge (ALJ) concluded that these provisions violated the National Labor Relations Act (NLRA) because they had the effect of restricting
New laws Missouri and Illinois businesses should know about in 2018
Employers in Missouri and Illinois saw the passage of several new employment-related laws in 2017. Below is a look at some legislative highlights of 2017 and how they might affect your business in 2018.
Missouri employment laws
Missouri minimum wage change: Effective Jan. 1, 2018, the minimum wage in Missouri is $7.85. This applies to
How 2017’s highlights in employment law may affect employers in 2018
The federal employment law landscape saw some interesting developments in 2017, as well as some anticipated changes that were ultimately halted or delayed. Below is a summary of major federal employment law headlines and a look at what employers can expect in 2018.
For Missouri and Illinois employers specifically, a review of 2017 updates and