Employee Access to Wage and Certain Employment Records for Limited Purposes

The Department of Homeland Security’s (DHS) Social Security No-Match regulation looks as if it will remain on hold for at least a few more weeks. Reports indicate that a court injunction preventing implementation of the DHS’ No-Match regulation (for a discussion of the injunction prohibiting enforcement of the No-Match rule, see Ogletree Deakins’ October 12, 2007 E-Alert) will not be reviewed until March of 2009.

Arbitration agreements have been a roller coaster for Missouri employers. Recently, in State ex rel. Hewitt v. Kerr, the Missouri Supreme Court enforced such an agreement, sending an employee’s discrimination lawsuit to arbitration. But overall, courts in Missouri have restricted the enforceability of arbitration agreements entered into between employees and employers. This month, the Missouri Court of Appeals continued that trend in Bowers v. Asbury St. Louis Lex, LLC, No. ED102229 (July 7, 2015). In Bowers, the court analyzed an arbitration agreement, which included a clause that purportedly allowed the employer to modify the agreement unilaterally and retroactively.

Utley v. Board of Review, Dept. of Labor, 2008 WL 204936 (N.J. May 15, 2008) – In a rare unemployment benefits case to reach the New Jersey Supreme Court, the Court held that an employee who resigned due to lack of transportation was entitled to unemployment benefits where the transportation problems were caused by the