Tag Archives: Missouri

Missouri Has Become the 28th Right-to-Work State

Contributed by Beverly Alfon, February 10, 2017

On February 6, 2017, the newly elected GOP Governor Eric Greitens, signed into law a right-to-work (RTW) bill that passed the state’s Republican-controlled state legislature.

Nuts and Bolts of the Missouri RTW law

  • Effective date:  August 28, 2017
  • Who it applies to:  Both private and public sector employers (except those in the airline and railroad industries, as well as certain federal employers).
  • What it prohibits:
    • No employee can be required to become or remain a union member as a condition of employment.
    • No employee can be required to pay dues, fees or assessments of any kind to a union (or any equivalent of a dues payment to any charitable organization).
  • Penalties for violations:  Criminal sanctions – a violation is a class C misdemeanor, punishable by a fine of $750 and up to 15 days in jail. Civil sanctions – private parties may obtain injunctive relief, damages and an award of attorneys’ fees.
  • Effect on collective bargaining agreements:  For collective bargaining agreements (CBA’s) entered into before August 28, 2017, the law has no effect. However, the law will apply to any CBA renewal, extension, amendment or modification after August 28, 2017. This will likely jolt Missouri unions to seek contract extensions of existing CBA’s in order to delay the impact of the law.

Unions Continue to Battle

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Flag of Missouri

The Missouri AFL-CIO has submitted different versions of a proposed initiative petition to the secretary of state’s office that is aimed at reversing the RTW law. Basically, with enough signatures, it would present the opportunity for Missouri voters to decide in 2018 whether to adopt a constitutional amendment that would protect contracts that require employees to pay union representation fees.

Perspective

Seven of eight states that surround Missouri have existing right-to-work laws, including Kentucky, which passed a right-to-work law last month. The current tally of RTW states includes: Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Nebraska, Nevada, North Carolina,  North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, Wisconsin, Wyoming. Just last week, the New Hampshire senate passed a RTW bill, which is awaiting passage by the state House.

On a federal level, two Republican Congressmen re-introduced the National Right to Work Act last week. The bill would amend the National Labor Relations Act and the Railway Labor Act to prohibit the use of union security clauses which require union membership and payment of dues and fees.

If there was any doubt, this flurry of activity confirms that the right-to-work movement is recharged.

With A New Year Comes New Rules! Here’s Your State Employment Law Update

Contributed by Heather Bailey

California: Effective January 1, 2015, the required paid for rest periods are considered “hours worked” by the employee, and, consequently, are not subject to wage deductions by the employer.  (California also has special requirements for making any deductions from their paychecks that you should be aware of before making any).

Colorado: Minimum wage rose to $8.23 per hour on January 1 

Connecticut: As of the first of the year, CT’s minimum wage went to $9.15 per hour.  Are you aware there is a paid sick leave law in CT?  If not, be sure to contact your employment counsel or the blog author as some changes were made beginning January 1st.

DCAs of December 17, 2014, employers cannot ask applicants certain information about their criminal backgrounds and any rescinding of a conditional offer of employment must be backed up with a legitimate business reason.  Moreover, employers are required to reasonably accommodate pregnant women when their workload is affected by pregnancy, child birth and child-related medical conditions (i.e., breast feeding).

Massachusetts:  Effective January 1, minimum wage increased to $9 per hour.  July 1, 2015, employers with 11 or more employees will be required to offer up to 40 hours of paid sick leave to employees.

MarylandMaryland’s minimum wage rose to $8.00 as of January 1st.

Missouri: Effective January 1, all equal-priority garnishments should now be prioritized by date of receipt.

New Jersey: NJ joined the other states starting March 1, 2015 to “Ban the Box” and prohibits job advertisements from stating only those without a criminal past can apply.

New York Effective December 31st this past year, minimum wage increased for NY to $8.75 per hour.  Effective immediately, employers will not be required to notify their employees in writing by February 1 about pay rates, pay days, etc. and get signed acceptance.  Employers do still need to abide by their obligation to notify employees of the same at time of hire.

Ohio:  Ohio has now given employers the ability to seek out protective orders when dealing with employees’ stalker or menacing issues when the conduct is directed at the employer.

Rhode Island: Your minimum wage increased to $9 an hour beginning this month.

Vermont: Your minimum wage increased to $9.15 an hour beginning this month.

Please keep in mind that the majority of states increased their minimum wages and you should contact your employment labor counsel or the blog author to confirm you are in compliance.

Paid Sick Leave? Ban The Box? Pregnancy? Equal Pay? Smoker Retaliation Poster? Here’s Your State Employment Law Update

Contributed by Heather Bailey

Reminder: EEO-1 Surveys Due To Be Filed By September 30th! 

US Map

Arizona:  In July, the Attorney General confirmed that the AZ smoking restrictions do not apply to e-cigs.

California: Employers, get ready to start having to offer paid sick leave beginning July 1, 2015 if you aren’t already!  See our September 16, 2014 post for more details.  Also, beginning January 1, 2015, unpaid interns and volunteers are getting the same nondiscrimination and harassment treatment as paid workers, including non-harassment training.

Connecticut:  Starting October 1, 2014, workers may obtain certificates of rehabilitation related to their arrests and convictions of which employers are prohibited from retaliating against employees and applicants when they present one for initial or continuing employment.

Delaware:  Your minimum wage increased to $7.75 per hour on June 1, 2014!

Illinois:  In case you missed our other blog posts, effective January 1 2015, Illinois joined the ranks of the “Ban the Box” campaign, which prohibits employers (with 15 or more employees) from asking applicants about criminal records on a job application.  You cannot do so until they have either been selected for an interview or been given a conditional offer of employment (with a few select exceptions).  Also effective January 1, the Illinois Human Rights Act related to pregnancy was expanded (more than any other state) so employers must now reasonably accommodate any condition related to pregnancy.

Indiana:  On September 2, 2014, the right to work law was upheld once again – this time by the 7th Circuit Court of Appeals.

MassachusettsPlease note your minimum wage hikes: January 1, 2015, $9 per hour ($3 an hour for tipped employees); $10 an hour ($3.35 for tipped employees) on January 1, 2016, and to $11 ($3.75 for tipped) beginning January 1, 2017.

Michigan: Your minimum wage increased to $8.15 per hour on September 1, 2014.

Missouri: The Missouri Supreme Court recently held that the state’s statutory cap on punitive damages is unconstitutional as is applied to certain common law claims. (Lewellen v. Franklin, case SC92871). The holding is limited to common law causes of action that existed when the Missouri Constitution was adopted in 1820.  In the short-term, this decision may raise the cost of litigation as plaintiff’s attorneys will undoubtedly try to add common law claims to employment lawsuits hoping that the threat of unlimited punitive damages will result in more generous settlements.  However, given that traditional common law claims have been increasingly difficult to sustain in the employment context and have been largely supplanted by statutory and more recently-recognized common law actions, Lewellen is ultimately unlikely to raise the stakes for Missouri employers.  Read more about this here.

New Hampshire:  Beginning January 1, 2015, employers have a new mandatory poster requirement for equal pay and smoker rights non-retaliation, as well as, employers may not prohibit employees from discussing pay wages or retaliate against them for doing the same.

Oklahoma:  OK jumped on the band wagon by prohibiting employers from requiring employees to give up their personal social media log-ons and passwords, effective November 1, 2014.

Vermont: Vermont’s smoking ban includes at least 25 feet from buildings and entrances.  Your minimum wage obligations also increase: January 1, 2015 = $9.15 per hour; January 1, 2016 = $9.60; January 1, 2017 = $10 and January 1, 2018 = $10.50.  All tipped employees must be paid at least one-half of the minimum wage effective January 1, 2015.

Pregnancy? Parental Leave? Social Media? Data Breaches? Your State Employment Law Update

Contributed by Heather Bailey

Florida: After much debate in the lower courts, it is settled – employers may not discriminate against pregnant workers in FLA (you couldn’t before under Federal law, but FLA confirms the same).

Iowa:  If you have to notify at least 500 state residents including your employees and applicants of any potential personal information security breach, you must also notify the Iowa Attorney General’s Office of the same.

Maryland: Do you have between 15 – 49 employees?  If so, beginning October 1, 2014, you must provide similar FMLA leave of up to 6 unpaid weeks for parental leave for the birth of a child or adoption and foster care situations.

Minnesota: Beginning August 1, 2014, you must add in your Employee Handbooks a notice that employers are not allowed to retaliate against employees for requesting or receiving reasonable accommodations related to pregnancy or child birth (which took effect on May 12, 2014 requiring employers to give such reasonable accommodations).   Also effective on this same date, employers cannot prohibit or have a policy or practice prohibiting employees from discussing their wages.

MissouriThe pending Right to Work bill died in the house before getting to the senate.  Additionally, in a 5-2 decision, the Missouri Supreme Court said that you only need to use the “contributing factor” standard in a workers’ compensation retaliation claim.  This reversed 30+ years of MO courts requiring “exclusive causation.”

Tennessee:  Beginning July 1 this year, Tennessee went pro-management this time.  Managerial and supervisory employees will now be shielded from individual liability under the Tennessee Human Rights Act for discrimination claims.  Moreover, employees will now have to show their protected activity was the sole reason for their discharge as opposed to it being just one of the reasons in order to sustain a retaliatory discharge claim.  Tennessee now allows employers to prohibit those employees with handgun permits from storing or transporting firearms or ammunition in company vehicles.

West Virginia: Your minimum wage increases on January 1, 2015 to $8.00 an hour and to $8.75 per hour as of January 1, 2016.

Wisconsin:  Getting on the band wagon, WI employers are now prohibited from requiring applicants or employees to give their personal login information for their personal social media sites or require the company’s monitoring of the sites as a condition of them to remain employed.  Moreover, good news for employers is that you no longer need to keep track of a salaried employee’s hours worked for those who are exempt from overtime.

State Employment Law Update

Contributed by Heather Bailey

Federal:   Federal Contractors be on alert! In an attempt to get Congressional support to raise the federal minimum wage for all workers, President Obama announced that he was going to be issuing an Executive Order that will require federal contract employers to pay workers a minimum wage of $10.10 per hour on any new federal contracts.  This could happen as soon as the next week or so.

The NLRB poster rule has gone by the wayside.  The NLRB gave up its fight to require all private employers to post the union-friendly poster by allowing the Supreme Court’s review deadline to pass without appealing two appellate court decisions that declined the NLRB’s implementation for this posting requirement.  Federal Contractors, you may still be required to display the poster depending on the date of your federal contract.

Colorado:   If you aren’t already, you should be paying minimum wage of $8.00 an hour ($4.98 for tipped employees) as of January 1.  Moreover, under Colorado’s new personal information protection law, employers are prohibited from requiring employees or applicants to allow them access to personal social media accounts, though they may still search information that is publicly available online.  Fines come with violating this law, so be precise on how you go about searching.

Delaware:  As of June 1, 2014, minimum wage increases to $7.75 per hour and to $8.25 an hour on June 1, 2015.

Missouri: Missouri looking for support for LGBT discrimination protection: In his recent State of the State address, Gov. Jay Nixon asked the legislature to pass a law adding sexual orientation and gender identity to the protected categories covered by the state’s workplace discrimination laws.  A bill passed the Senate last term, but the House failed to vote on the bill before the session ran out.

New Jersey:  REMINDER! All employers with 50 or more employees should be posting and distributing (with a signed acknowledgment) the new NJ poster re state and federal equal pay laws and discrimination prohibitions.  Get your latest copy here: http://lwd.dol.state.nj.us/labor/forms_pdfs/EmployerPosterPacket/AD-290GenderEquity1-14.pdf.

Got 10 or more employees in Newark, NJ?  If so, you may be required to start offering your employees paid sick time under the new Worker Sick Leave Ordinance (WSLO) that just needs the Mayor’s signature to take effect sometime in late May, early June.  Stay tuned for final implementation!

New Mexico:  In December 2013, this state joined the ranks of same-sex marriages, and, thus, these new marital statuses must be recognized and protected for employment purposes (including applicants).

New York: For those employers with 20 or more employees in New York City, have you drafted your required sick time policy under the New York City Earned Sick Time Act (ESTA) yet?  If not, you’ve got until April 1 to implement.  Seek counsel’s assistance to ensure compliance.

Ring In The New Year With These Federal and State Employment Law Updates!

Contributed by Heather Bailey

Federal:  Attention Federal Contractor/Subcontractor Employers! In order to be in compliance with affirmative action obligations, applicable employers must start tracking those applicants and employees who are disabled and/or are qualified protected veterans, who choose to self-identify.  This also means having a written affirmative action plan with utilization goals for these classes of individuals.  For those employers who are affected, this will begin applying to all plans drafted as of March 24, 2014 and after.  It is a good idea to start meeting with your IT and HR professionals now on how such data is going to be collected and analyzed for the upcoming new plans.

CaliforniaEffective January 1, 2014, California cracks down on those employers who choose to discriminate against or threaten those employees or applicants due to an employee’s or family member’s citizenship or immigration status or involvement in protecting such rights.

Illinois:  As of January 1, 2014, employers now have the ability to seek protection orders against employees who create or threat workplace violence.  Prior to now, this protection was not available for workplace violence created by employees.  Starting June 1, 2014, employers must recognize the marital status of those employees who have entered into same-sex marriages.

Missouri:  Minimum wage = $7.50 starting January 1 and $3.75 for tipped employees (due to inflation regulations).

New Jersey:  Starting January 6, 2014, all employers with 50 or more employees must post and distribute (with a signed acknowledgment) the new NJ poster re: state and federal equal pay laws and discrimination prohibitions.  Get your latest copy here.

Multi-State Employers: Do These New State Laws Pertain To You?

Contributed by Heather Bailey

Arizona Min. WageBe sure you’ve increased minimum wage to $7.80.

California Criminal Background Checks:  Effective January 1, 2013, if you perform background checks by obtaining state criminal history information, you must start giving applicants  a copy of their state summary criminal history information – promptly – if this information played a part in any adverse action like not hiring them for the job.

Florida Min. Wage:  Minimum wage now equals $7.79 per hour.

Georgia Criminal Records:  In July, arrest and criminal records access is going to change. For example, access will no longer be for any arrest and employers must supply either fingerprints or detailed information regarding the individual, such as full name, address, Social Security number, race, sex, and date of birth, which is accompanied by a signed consent on a form approved by the Georgia Bureau of Investigation’s Crime Information Center.

Illinois Workplace Violence Initiative:  The Illinois Chamber of Commerce is actively working on legislation that will give employers an avenue to get temporary restraining orders when persons cause threat of violence in the workplace.   Stay tuned for this much needed legislation!

Michigan Employee Private Social Media:  In December 2012, Michigan joined the bandwagon of prohibiting employers from requiring employees and applicants to give up their social media logins and passwords and from taking adverse action against them should they not comply with the request.  Effective March 28, 2013, Michigan will become one of our nation’s right to work states.  So, generally, employers cannot require employees to join or remain a member of a union.  Finally, you may now be able to collect a minimal administrative fee (i.e., $1-$2) for child support garnishments each time a deduction is made.

Missouri Min. Wage:  Minimum wage is raised to $7.35 an hour – be sure you’ve made this increase!

New Jersey Posting Requirements:  If you have 50 or more employees, there are new notice and posting requirements in place from the New Jersey Department of Labor and Workforce Development and Department of Law and Public Safety’s Division on Civil Rights for gender equality in the workforce and anti-discrimination.

Vermont Min. Wage: Your minimum wage went up too – $8.60 per hour.

State laws change every day.  Make sure you are aware of them all for the states in which you have employees!