On November 8, 2022, voters in Maryland and Missouri overwhelmingly approved ballot measures to legalize recreational marijuana, becoming the 20th and 21st states to do so. And, as part of the ballot initiative in Missouri, the existing medical marijuana law was amended to include express employment protections for medical marijuana cardholders.
Millions of voters across the United States went to the polls on November 8, 2022, for the midterm elections, but as of November 9, 2022, control of both chambers of Congress for the second half of President Biden’s first term still hangs in the balance.
On November 8, 2022, Missouri voters will have the chance to legalize recreational marijuana. The proposed state constitutional amendment, dubbed Amendment 3, would revise and amend the existing provisions regarding the legalization of marijuana for medical purposes, as well as allow individuals aged twenty-one years old and older to legally possess, purchase, consume, and cultivate marijuana recreationally.
On January 13, 2022, in Waters v. Day & Zimmermann NPS, Inc., the First Circuit Court of Appeals became the third federal appellate court to address the application of the Supreme Court of the United States’ decision in Bristol-Myers Squibb Co. v. Superior Court of California to Fair Labor Standards Act (FLSA) collective actions. Unlike the Sixth Circuit Court of Appeals and the Eighth Circuit Court of Appeals, however, the First Circuit concluded that a federal court does have personal jurisdiction over claims asserted by nonresident opt-in plaintiffs. The First Circuit’s decision thus creates a split among federal appeals courts and raises the prospect that the Supreme Court will ultimately have to resolve the issue.
In 2022, while the federal minimum wage will remain at $7.25 per hour for non-tipped employees and $2.13 per hour for tipped employees, several states’ minimum wage rates will increase. The chart below lists the state (and certain major locality) minimum wage rate increases for 2022—and future years if available—along with the related changes in the maximum tip credit and minimum cash wage for tipped employees.
In a November 30, 2021, order, a federal judge sitting in Louisiana entered a nationwide preliminary injunction against the Biden administration’s Centers for Medicare and Medicaid Services’ (CMS) interim final rule entitled “Medicare and Medicaid Programs; Omnibus COVID-19 Health Care Staff Vaccination.” The effect of the order is that CMS must immediately “cease all implementation or enforcement of the [CMS] Rule” in the remaining 40 states not covered by an earlier November 29, 2021, order from a federal judge sitting in Missouri that prevented implementation and enforcement of the CMS rule in only 10 states.
In a 32-page order issued on November 29, 2021, United States District Judge Matthew T. Schelp entered a preliminary injunction against the Biden administration’s Center for Medicaid and Medicare Services (CMS) interim final rule entitled “Medicare and Medicaid Programs; Omnibus COVID-19 Health Care Staff Vaccination.”
Following in the footsteps of governors in states such as Alabama, Arkansas, and Texas, on October 28, 2021, Missouri Governor Mike Parson issued Executive Order 21-10, a measure intended to chip away at the reach of federal vaccine mandates.
On August 28, 2021, Missouri joined a number of other states in extending unpaid leave and reasonable safety accommodations to employees who are victims of domestic violence or sexual abuse, or whose family or household members are victims of domestic violence or sexual abuse.
On June 15, 2021, Missouri Governor Mike Parson signed House Bill 271 prohibiting any county, city, town, or village government receiving public funds from requiring COVID-19 vaccination documents (commonly known as “vaccine passports”) from citizens. In addition, according to the new law, Missouri citizen must be allowed access to any building, transportation system, or service without showing proof they have received the vaccine.
Twenty-two of 27 Republican-led states have announced that they will end enhanced federal COVID-19 unemployment benefits early. Of those, four (Arizona, Montana, New Hampshire, and Oklahoma) will offer additional monetary incentives for individuals to return to work. To date, no state with a Democratic governor has chosen to opt out of the COVID-19–related enhanced federal unemployment programs.
Over 1,500 COVID-19–related employment lawsuits were filed in the United States in 2020. Ogletree Deakins’ Interactive COVID-19 Litigation Tracker highlights the industries impacted, locations, and types of claims in these matters.
Several states’ minimum wage rates will increase in 2021. The following chart lists the state (and certain major locality) minimum wage increases for 2021—and future years, if available—along with the related changes in the maximum tip credit and minimum cash wage for tipped employees.
Elections in the United States are scheduled for Tuesday, November 3, 2020. Not only will the office of president of the United States be contested, but all 435 seats in the U.S. House of Representatives and 35 of the 100 seats in the U.S. Senate are up for grabs. At the state level, elections will be held for the governorships of 11 U.S. states and 2 U.S. territories.
Continuing a trend that saw Minnesota courts dismiss at least eight disability access lawsuits under Title III of the American with Disabilities Act (ADA) in 2018 and 2019, the Eighth Circuit Court of Appeals, which has jurisdiction over Minnesota as well as several other states, recently affirmed the dismissals of three more Title III cases.
Since March 2020, St. Louis County Executive Dr. Sam Page, and the county’s acting director of the Department of Public Health (DPH), Dr. Emily Doucette, have issued more than 20 orders and “safe operating guidelines” regarding COVID-19. On July 29, 2020, with an effective date of July 31, 2020, the DPH issued its third amended public health order setting forth its current “Business and Individual Guidelines for Social Distancing and Re-Opening.” In some respects, this third amended order is a significant step backwards toward stricter requirements compared with the county’s original reopening guidelines.
On July 14, 2020, Missouri Governor Mike Parson signed Senate Bill (SB) 644, increasing the potential penalties imposed on Missourians and visitors who attempt to pass off their pets as bona fide service dogs. While Missouri law previously made it a crime to impersonate an individual with a disability, now the misrepresentation of a dog as a valid and properly trained service animal is also a crime.
On July 1, 2020, Missouri Governor Mike Parson signed Senate Bill (SB) 591, which modifies various provisions relating to civil actions. Notably, for Missouri employers, the bill modifies and restricts the way punitive damages are considered in lawsuits brought by current or former employees who allege intentional harm by an agent of the employer (e.g., a manager, supervisor, or HR professional).
The “Show Me” state largely sheltered in place on April 6, 2020, when Governor Michael L. Parson and the Missouri Department of Health and Senior Services (DHSS) issued their initial “Stay Home Missouri” order. This came on the heels of Governor Parson’s March 13 Executive Order 20-02 declaring a state of emergency and followed other Missouri counties’ and cities’ own stay-at-home declarations.
Unemployment insurance laws rarely change. For years, Missouri’s unemployment insurance program has remained steady. So stable, in fact, that it flew under the radar. Most Missouri employers thought about it only when deciding whether to spend the time and money to protest a claim. This was how it was envisioned to work, until the COVID-19 pandemic forced Missouri employers to revisit the unemployment benefits system.
On March 21, 2020, Kansas City Mayor Quinton Lucas issued Second Amended Order 20-01, repealing the city’s earlier Amended Order dated March 16, 2020, and replacing it with a stricter, “Stay At Home” order to contain and control the spread of COVID-19. The local governments for Johnson, Leavenworth, and Wyandotte counties in Kansas, and Clay, Platte, and Jackson counties in Missouri, soon joined Kansas City, Missouri, in issuing similar orders to contain and control the spread of COVID-19.
In 2020, a number of states’ minimum wage rates will increase. The following chart lists the states’ (and certain major localities’) minimum wage increases for 2020—and future years if available—along with the related changes in the maximum tip credit and minimum cash wage for tipped employees. The federal minimum wage will remain at $7.25 per