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The EEOC Catches the Flu: A Cautionary Tale for Employers With Mandatory Flu...
After enduring one of the worst flu seasons in nearly a decade, there is no question why more employers are instituting mandatory flu vaccination programs. In fact, mandatory flu vaccination programs...
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Salaries Speak Louder than Words: The Ninth Circuit Holds that Prior Salary...
In April 2018, the Ninth Circuit Court of Appeals held in Rizo v. Yovino that an employee’s pay history is not a legal justification for a wage disparity under the Equal Pay Act. The Equal Pay Act (the...
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Update on the EEOC and the Prohibition of Sexual Orientation and Gender...
In an article in the inaugural issue of DMPC’s Employment News You Can Use, EEOC: Discrimination Based on Sexual Orientation and Gender Identity is Prohibited, we discussed the state of the current...
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An Oral Agreement Is Not Worth the Paper It’s Printed On
On June 4, 2018, the U.S. Supreme Court held that an individual’s false oral statement about his assets would not support a finding of fraud under the relevant provision of the U.S. Bankruptcy Code....
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Missouri On Track to Reform Interpleader Law: House Bill 1531 Unanimously...
co-authored by Laura Gerdes Long and Katherine M. Flett As he was leaving office, Missouri Governor Eric Greitens signed at least 77 bills into law, including House Bill 1531, which may protect...
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Masterpiece Cakeshop: Maintaining the Status Quo
authored by Laura Gerdes Long with the assistance of Jessica Gottsacker, law clerk In agreeing to review Masterpiece Cakeshop Ltd. v. Colorado Civil Rights Commission, the U.S. Supreme Court faced...
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Employers With Arbitration Clauses Win – Part One: The U.S. Supreme Court...
The U.S. Supreme Court upheld the legality of class action waivers in employee arbitration agreements by issuing a 5-4 decision in Epic Systems Corporation v. Lewis on March 21, 2018. In short,...
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Employers With Arbitration Clauses Win – Part Two: Factors Employers Should...
One of the many employment-related decisions a company must make is whether it wishes to require employees to give up their rights to file an employment action in court, and instead to require...
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Modernizing Healthcare Legislation in the Face of the Opioid Crisis
In 2016, opioid overdoses accounted for more than 42,000 deaths in America. It was estimated that 11.5 million people misused opioid prescriptions and 2.1 million people suffered from an opioid use...
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Missouri Health Care Legislation Update
MO HealthNet Program Expands Its Coverage: Section 208.151 (20) RSMo was expanded to include language allowing pregnant women who receive substance abuse treatment within sixty (60) days of giving...
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#MeToo Movement Spurs a 50 Percent Increase in EEOC Sexual Harassment Lawsuits
It comes as no surprise that one year after the rise of the #MeToo movement, more women are not just speaking up about sexual harassment in the workplace, but they are taking action in the courthouse....
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Troubling Practices by Hospitals for Patients’ Access to Medical Records...
A new study published in JAMA Network Open and conducted by Yale University School of Medicine found troubling practices at U.S. hospitals relating to patients’ access to and provision of patients’ own...
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Favorable Changes to 065 Agreements in Missouri Apply Prospectively Only
The Court of Appeals of Missouri’s Western District has issued an opinion holding that the recent amendment to Section 537.065 RSMo. may not be applied retrospectively, under the Missouri Constitution....
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Mandatory Arbitration in the Transportation Industry Takes a Blow from The...
New Prime, Inc. v. Oliveira On January 15, 2019, the United States Supreme Court ruled unanimously in favor of Dominic Oliveira, a purported Independent Contracted driver (“owner-operator”) for New...
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UPDATE: Salaries Speak Louder than Words
co-authored by Katherine M. Flett and Jessica A. Gottsacker Equal Pay Day was celebrated this month on April 2, 2019. This date symbolizes how far into the year women must work to earn what men earned...
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#SocialMediaAsEvidence
Authored by Laura Gerdes Long with assistance from Jessica A. Gottsacker Social media has officially taken over our lives. The statistics only confirm this fact. There are 2.3 billion active social...
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Re-evaluating Standards for Admissibility of Photographs of Vehicular Collisions
Authored by Laura Gerdes Long with assistance from Mackenzie N. Allan In Illinois, historically, two predominating schools of thought regarding the admissibility of photographs of vehicular collisions...
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To Discipline or Not to Discipline: What to Do With Illinois’ New Pot Law?
Authored by Ruth A. Binger with assistance from Mackenzie N. Allan Employers in Illinois will face a conundrum come January 1, 2020. Illinois legislature recently passed some of the most expansive...
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Freight Brokers Granted Some Limitations to Plaintiffs’ Vicarious Liability...
Since the Sperl v. C.H. Robinson Worldwide, Inc. decision in 2011, freight brokers have been battling vicarious liability claims for the actions of motor carriers and their truck drivers. In Sperl,...
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New Benefits for Those in Financial Difficulty: The Small Business...
If you own a small business (defined as one owing less than $2,725,625 in total debt) and are in or nearing financial difficulties, you should contact your attorney to learn more about The Small...
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