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June Updates

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This Short List addresses the following topics:
  1. U.S. Supreme Court: Title VII Claims to the EEOC are Merely Procedural and Not Jurisdictional to Courts
  2. U.S. Supreme Court: State Wage and Hour Rules Don’t Apply to Workers on the Outer Continental Shelf
  3. DOL Issued Updated Poster for Federal Contractors and Subcontractors
  4. California: July 1st REMINDERS for Employers
  5. Emeryville, CA: July 1st Minimum Wage Increase Paused for Small Independent Restaurants
  6. Colorado: Wage Garnishment Reform on the Horizon
  7. Connecticut: Minimum Wage Increasing to $15 an Hour
  8. Minneapolis, MN: Sick and Safe Time Rule Is Still Up in the Air
  9. Kansas City, MO: Bans Pre-Employment Salary History Inquiries
  10. Nevada: Mandatory Safety Training Expanded to Trade Show and Convention Workers
  11. New Jersey: Required Workplace Postings Receive an Update
  12. Texas: Dallas and San Antonio Paid Sick Leave Set to Go into Effect August 1st

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Missouri: LGBTQ Protections Expanded for Sex Stereotyping

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February 26, 2019

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In Lampley v. Missouri Comm’n on Human Rights, the Missouri Supreme Court stated that sex stereotyping can form the basis of a sex discrimination claim under the Missouri Human Rights Act (MHRA). There, an employee claimed he was discriminated against because his behavior and appearance did not evoke sufficient “maleness” for his employer. Although the employee acknowledged he was gay and the MHRA does not protect sexual orientation, the Court stated that “an employee who suffers an adverse employment decision based on sex-based stereotypical attitudes of how [one] should act can support an inference of sex discrimination.” Moreover, “sexual orientation is incidental and irrelevant to sex stereotyping.” Employers must take care to ensure equal treatment of employees, regardless of stereotypes associated with one’s biological sex.

Action Items

  1. Have anti-harassment and discrimination policies reviewed for compliance.
  2. Have employees trained on sexual harassment and discrimination prevention.
  3. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2019 ManagEase

February Updates

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This Short List addresses the following topics:
  1. REMINDER: Post Form 300A in the Workplace
  2. Upcoming Changes to H1-B Applications
  3. Recent OSHA Updates
  4. Department of Labor Penalty Increases
  5. California: Human Trafficking Required Posting Available; DE 2588 Form Updated
  6. California: Labor Commissioner Publishes Blacklisted Port Trucking Companies
  7. Daly City, CA: Minimum Wage Increases on February 13rd
  8. Fremont, CA: Minimum Wage Increases to $13.50 per Hour and Beyond
  9. Michigan: New Employee Protections for State Contractors and Workers
  10. Missouri: Delegation Clauses in Arbitration Agreements Must Be Enforced
  11. New Mexico: State Fair Pay for Women Act Applies to Public and Private Employers
  12. New York: Paid Family Leave Benefit Increases
  13. Ohio: Franchisors are Not Joint Employers
  14. Pennsylvania: Employers Must Protect Electronic Employee Information
  15. Philadelphia, PA: Minimum Wage Increases for City Workers and Contractors

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Kansas City, MO: New Ban-the-Box Ordinance

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June 9, 2018

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As of June 9, 2018, employers of Kansas City employees will be prohibited from inquiring into or using criminal record information when making employment decisions.  This ordinance amends the Kansas City Human Relations Act, and follows in the footsteps of a similar ordinance passed in 2014, eliminating such criminal history inquiries when considering applicants for government positions.

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July Updates

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This Short List addresses the following topics:
  1. USCIS Updates: L-1B Visas, H-1B Cap Exemptions, and Visa Program Fraud and Abuse
  2. California: Workers Are Entitled to Wage & Hour Protections, Regardless of Work or Immigration Status
  3. California: Poster Requirements for Barbers and Cosmetology License Holders
  4. California: New Notice Employers are Required to Provide at Hire
  5. Louisiana: Court Rejects Whistleblower Complaint from Independent Contractor
  6. Missouri: Recent Changes Made to State Anti-Discrimination Statutes
  7. Texas: Texting While Driving Banned
  8. New York City: New Rules Issued to Clarify Freelance Isn’t Free Act

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Missouri: State Human Rights Act Soon to be Amended

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Expected August 28, 2017

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On May 9, 2017, a bill seeking to amend the Missouri Human Rights Act (“MHRA”) passed the Missouri legislature and is now headed to Governor Greiten’s desk where it is expected to be signed into law.  If enacted, Senate Bill 43 would implement significant changes to several employment regulations, and would go into effect on August 28, 2017. Highlights of these changes include:

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June Updates

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This Short List addresses the following topics:
  1. IRS Announces 2018 Health Savings Account Limits
  2. Colorado: Wage Violations are Now Public Record
  3. Missouri: Minimum Wage Preemption Bill Soon to be in Effect
  4. Oregon: Final Rules to Implement Retirement Savings Program Published
  5. Washington: Statewide “Blacklist” Statute Revives the Defunct Federal Rule
  6. Minnesota: Preliminary Rules, Other Resources for Minneapolis/St. Paul Paid Sick Leave Now Available
  7. Pittsburgh, PA: Paid Sick Leave Confirmed Off the Table; Appeal Expected

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March Updates

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This HR Alert addresses the following topics:
  1. REMINDER: California All-Gender Restroom Signs Effective March 1, 2017
  2. Missouri Becomes a Right-to-Work State on August 28, 2017
  3. New Mexico: Minimum Wage in Certain Cities Increased March 1, 2017

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Eighth Circuit: Guidance on Overtime Hours When Calculating Intermittent FMLA Leave Benefits

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August 4, 2016

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Tracking intermittent leaves can be an administrative headache.  For one company,  “voluntary” overtime compounded that difficulty.  In Hernandez v. Bridgestone Americas Tire Operations, LLC (“BATO”), the Eighth Circuit provided guidance on determining when overtime becomes mandatory for the purpose of calculating intermittent FMLA leave benefits.

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