On March 17, 2014, a bill (S1717) was introduced that would prohibit an employer from taking adverse action against an employee because he or she is not working due to a declared state of emergency (by the Governor or municipal emergency management coordinator). It also would prohibit employers from requiring employees to use their accrued paid or unpaid leave for such time. Employers that violate this new law would be subjected to a civil penalty of up to $5,000 for the first violation, and up to $10,000 for the second violation; there is no private cause of action for violations. Employees absent due to a state of emergency would need to make every effort to notify their employers about their absence, and would be required to return to work as soon as possible (i.e., no later than the first scheduled shift or hour after the state of emergency is rescinded, accounting for travel time).
The Missouri Court of Appeals rang in the New Year by issuing an opinion that continues the trend in Missouri of restricting the enforceability of arbitration clauses. In light of this decision, employers should revisit their arbitration agreements to determine whether they are still enforceable under Missouri law.
In the previous two posts of this three-part series (here and here), I discussed the often hidden but real cost of continuing to employ problematic employees, and why this problem is so widespread. In this post, I’ll talk about how HR can help by replacing a compliance enforcement paradigm with…..
The Eighth Circuit & the ADA, Part I: Court Tips the Scale in Employer’s Favor in Suit Challenging Sleep Test for Overweight Workers
In Parker v. Crete Carrier Corporation, et al, No. 16-1371 (October 12, 2016), the Eighth Circuit Court of Appeals held that a trucking company complied with the Americans with Disabilities Act (ADA) in requiring its drivers with body mass indexes (BMI) of 35 or above to undergo in-lab sleep studies to determine if they had sleep apnea, which could cause them to fall asleep at the wheel.