SimplyHR | Employment & Labor Blog 

Missouri

2022 was relatively quiet for Missouri employers, except for the buzz around recreational marijuana (forgive our pun). As explained in more detail below, the law does not limit Missouri employers from continuing to drug test and discipline employees who violate anti-use policies, with certain modifications for medicinal users. 2023 also brings a Missouri minimum wage rate hike, but we expect employees may still grumble, as this increase does not pace with inflation.

Greensfelder Officer Scott Cruz authored an article on the “quiet quitting” phenomenon that has been permeating workplaces nationwide in the wake of the COVID-19 pandemic. The article, titled “How to Address and Remedy Quiet Quitting in the Workplace,” was published in the fourth-quarter edition of The Illinois Manufacturer.

The U.S. Equal Employment Opportunity Commission (EEOC) recently issued a new poster titled "Know Your Rights: Workplace Discrimination is Illegal" that all covered employers are required to display in the workplace.

Amendments Cover Pregnancy or Adoption-Related Losses, Deaths of Additional Family Members

On June 9, 2022, Illinois Gov. J.B. Pritzker signed into law amendments to the Child Bereavement Leave Act, which take effect January 1, 2023. Among other notable changes, the amendments change the name of the Child Bereavement Leave Act to the Family Bereavement Leave Act, expand the definition of “covered family member,” and expand unpaid bereavement leave time requirements for eligible employees to cover pregnancy loss, failed adoptions, unsuccessful reproductive procedures, and other diagnoses or events impacting fertility and pregnancy.

The Chicago City Council recently adopted an ordinance amending the city’s anti-sexual harassment laws. This, among other things, revises the definition of sexual harassment to include sexual misconduct; requires Chicago employers to establish, post and distribute to employees a written anti-sexual harassment policy and display a poster advising employees of the prohibition of sexual harassment; enhances training requirements for employees and managers, including additional training on how bystanders who witness sexual harassment in the workplace should respond; and imposes stricter penalties for violations. The written policy, written notice, and required training components of the ordinance go into effect July 1, 2022.

New EEOC guidance advises employers to ensure that any hiring tools based on algorithms or artificial intelligence (AI) do not negatively impact applicants with disabilities. This obligation includes offering reasonable accommodations to applicants in hiring practices that incorporate AI or algorithmic decision-making.

A strong push continues for states to adopt stricter pay equity laws and enforce efforts to combat pay inequities for certain protected classes, including women and individuals of color. Many states, including Illinois, have prioritized pay equity by passing laws designed to reduce wage gaps.

President Biden signed into law the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021” on March 3. As its name suggests, the law prohibits pre-dispute arbitration agreements that require individuals to arbitrate any claim under federal, tribal or state law relating to a sexual assault or sexual harassment dispute. In other words, employers can no longer compel employees to arbitrate sexual assault or sexual harassment claims. Class action waivers are also prohibited with respect to those claims.

On January 13, 2022, the U.S. Supreme Court issued two decisions addressing COVID-19 vaccine mandates implemented by the Biden Administration. In the first opinion (National Federation of Independent Business v. OSHA), by a 6-3 majority, the Supreme Court blocked implementation of OSHA’s Emergency Temporary Standard (ETS) that would have required all employers with 100 or more employees to adopt a policy requiring mandatory COVID-19 vaccination and/or testing and masking policies for employees. OSHA’s ETS had recently taken effect, and the vaccination/testing requirements were set to become effective as of February 9. This ruling from the Supreme Court appears to signal the end of OSHA’s ETS.

As in 2020, employment law in 2021 was dominated by COVID-19 as employers grappled with whether to voluntarily extend employee benefits provided by the Families First Coronavirus Response Act, issues with working remotely, and returning to work. The new year begins with uncertainty as the U.S. Supreme Court is set to decide the fate of several employer vaccine mandates in just a few days. The pandemic’s challenges are sure to keep employers busy in 2022. Here are our picks for the highlights of last year and a look at what’s to come in the new year.