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DEPARTMENT OF LABOR INCREASES THE MINIMUM SALARY TO EXEMPT WHITE COLLAR WORKERS FROM OVERTIME PAY

On March 7, 2019, the United States Department of Labor (“Department”) announced its Notice of Proposed rulemaking to update the regulations that interpret the Fair Labor Standards Act (“FLSA”). < https://www.dol.gov/whd/overtime2019/index.htm > This law requires employers to pay overtime pay to most workers who work…
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THE LONG VIEW: LEGAL AUDITS ALLOW BUSINESS OWNERS TO AVOID CATASTROPHES AND TO ACHIEVE SUCCESSFUL EXIT STRATEGIES

Many businesses grow and earn profits from year to year, but still face existential threats if legal problems happen.  Others have owners who have reached a point in their lives where they want to exit their business to start a new chapter in their lives. …
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WHAT IMPACT WILL MEDICAL MARIJUANA HAVE ON MISSOURI WORKPLACES AND DRUG TESTING BY EMPLOYERS?

On November 6, 2018, Missouri voters approved Amendment 2, the Medical Marijuana and Veteran Healthcare Services Initiative by a margin of 66% to 34%.  It legalized marijuana for medical purposes.  Basically, the amendment allows licensed physicians to recommend marijuana use to patients with any one…
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Employer Forms Disclosing & Authorizing Background Checks Must Exclude Liability Waivers

Good Reasons Support the Use of Background Checks in the Hiring Process. Many employers run background checks on job applicants before they make an employment offer.  Doing so enables such employers to confirm the truthfulness and accuracy of background information provided by job applicants, such as…
Business Law Labor and Employment Law

Legislature Revives Right to Work Law and MHRA Amendments

During its legislative sessions in both 2015 and 2016, the Missouri General Assembly passed a right to work law.  In each instance, then Governor Jay Nixon vetoed those laws, and the legislature’s backers of those laws lost veto override votes. Similarly, since a Missouri Supreme Court’s…
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OSHA Raises Penalties, Adopts Electronic Recordkeeping, and Expands Anti-Retaliation Rules

OSHA Raises Maximum Penalties by 178% The Occupational Safety and Health Administration (“OSHA”) has taken several actions  in recent months that will significantly affect employers for years to come.  First, it revised its Field Operations Manual by raising penalties to adjust for inflation for violations of the…
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EEOC Study of Workplace Harassment Urges Employers to Do More Prevention

Recently, the Equal Employment Opportunity Commission (“EEOC”) issued the results of a study of workplace harassment.  The agency convened a task force to conduct this study in January 2015.  The task force issued a report in June 2016. Task Force Report.  It concluded that since…
Business Law Labor and Employment Law

Employee Relations by Social Media Puts Employers in Peril

Employee Relations and Social Media Create a Toxic Mix Businesses use social media to build their brands.  Social media discussions, however, of employee relations issues frequently harm an employer’s brand. For example, recently a soon-to-be former Yelp employee blogged about her impoverished lifestyle because of the Bay…
Business Law Labor and Employment Law

Missouri Supreme Court Rewrites and Enforces Non-Compete Agreement

The Supreme Court Avoids the Opportunity to Apply Its Prior Reasoning Critical of Overly Broad Non-Competition Agreements The Court decides cases involving non-competition and non-solicitation agreements only infrequently.  In 2006,  the Missouri Supreme Court balanced the right of a former employee to compete against a…