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By Katherine Fechte on March 8, 2019 at 2:20 PM

Clock with the shadow of a dollar sign, representing overtimeThe Department of Labor (DOL) issued its long-awaited proposed overtime rule and new exemption threshold under the Fair Labor Standards Act (FLSA) on March 7, 2019. The regulation, which replaces the controversial rule issued under the Obama administration in 2016, raises the salary threshold from the $23,660 minimum established in 2004 to $35,308, or $679 per week. As such, employees earning under $35,308 a year must be paid overtime for hours worked in excess of 40 each week. Above this salary level, eligibility for overtime varies based on job duties.

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By Katherine Fechte on March 1, 2019 at 4:10 PM

The Missouri Supreme Court held on Feb. 26, 2019, that under the Missouri Human Rights Act (MHRA), sex-based stereotypical attitudes can form the basis of a sex discrimination claim when the complaining party is homosexual. While finding sexual orientation is not protected under the MHRA, and standing alone, the characteristic of being lesbian, gay, or bisexual cannot sustain a sex stereotyping claim, the court’s holding does offer greater protections for LGBTQ employees in Missouri.

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By Lauren Daming on February 6, 2019 at 1:15 PM

Companies encouraged to revisit privacy policies in light of projected increase in litigation

Thumbprint getting scanned with a biometric scannerThe Illinois Supreme Court in January 2019 held that plaintiffs bringing claims under the Illinois Biometric Information Privacy Act (BIPA) are not required to allege that they suffered any actual harm as the result of a violation of the act. Instead, it’s enough to allege that an employer or other entity simply violated BIPA’s notice, consent or disclosure requirements. The court’s opinion in Rosenbach v. Six Flags is expected to result in an increase in class action litigation under BIPA, which regulates how private entities use information based on “biometric identifiers” such as fingerprints and retina scans.  

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By Lauren Daming, Lauren Harris on January 31, 2019 at 11:50 AM

Work desk with dirty tissues, a coffee mug, and a sign on the computer that says "Sick Leave"For employers, flu season is a great time for a checkup – not with your doctor, but with your policies and procedures related to employee sick leave. Below are some common questions employers may have about how to handle employee sick leave during this flu season.

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By Katherine Fechte on January 28, 2019 at 1:10 PM

Employee versus independent contractor decision, with independent contractor checkedThe National Labor Relations Board (NLRB) on Jan. 25, 2019, overturned its 2014 ruling in FedEx Home Delivery and returned to its long-standing independent-contractor standard. In affirming its reliance on the traditional common-law employment classification test, the board clarified how entrepreneurial opportunity factors into its determination of independent-contractor status.

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By Katherine Fechte, Lauren Daming, Lauren Harris on January 18, 2019 at 10:10 AM

"2018" written out with wooden blocks with a person rotating the "8" to a "9"2018 was a relatively quiet year in federal employment law developments, but the stage is set for a much more active 2019. Below is a summary of major federal employment law headlines and a look at what employers can expect in 2019.

For Missouri and Illinois employers, a review of 2018 state updates and a look forward at 2019 can be found here.

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By Katherine Fechte, Lauren Daming, Lauren Harris on January 18, 2019 at 9:56 AM

Missouri & Illinois state capitals, side by side with the words "New laws Missouri and Illinois employers should know" overlayedEmployers in Missouri and Illinois saw the passage of several new employment-related laws in 2018. Below is a look at some legislative highlights of 2018 and how they might affect your business in 2019.

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By Katherine Fechte on November 12, 2018 at 3:50 PM

Restaurant bill with tip moneyOn Nov. 8, 2018, the Department of Labor (DOL) issued an Opinion Letter reviving its 2009 guidance that eliminated the 80/20 rule for tipped workers. The rule prohibited employers and businesses from paying tipped workers below the minimum wage by way of a tip credit for non-tipped work when such work comprised more than 20 percent of their day. Under the Obama administration, the 2009 Opinion Letter was withdrawn, which restored the 80/20 rule and sparked a flurry of lawsuits alleging that tipped workers spend more than 20 percent of their time performing non-tipped work for which they did not receive the minimum wage. After finding the rule was confusing and nearly unworkable, the DOL has done away with it once again.

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By the Employment & Labor Practice Group on August 8, 2018 at 9:25 AM

A piece of paper shows someone chose to vote "no."On Aug. 7, 2018, Missouri residents voted by a 2 to 1 margin against Proposition A, which would have made Missouri a right-to-work state.

The ballot measure asked voters whether they wished to enact Senate Bill 19, which the state legislature passed and former Gov. Eric Greitens signed last year. If enacted, that bill would have prohibited “employers from requiring employees to join or refrain from joining a labor organization, requiring employees to pay any money to a labor organization, or requiring employees to pay any charity or third party the equivalent of money required to be paid by members of a labor organization.”

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By Katherine Fechte on July 27, 2018 at 12:10 PM

Businessman holding a baby. In an age when companies are more progressive than ever and employers are focused on keeping employees happy and healthy, employee benefits such as vacation days and paid leave are on the rise. Bloomberg reports that more than one in three U.S. employers now offers paid maternity leave beyond the amount required by law, up from one in six earlier this decade. Similarly, benefits such as paternity leave for new fathers and parental leave for new adoptive parents and same-sex couples have become more common.

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