Business Law Business Law Resources Labor and Employment Law

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…
Business Law Business Law Resources Labor and Employment Law

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…
Labor and Employment Law Patent Law

EMPLOYMENT AGREEMENTS AND PATENT OWNERSHIP RIGHTS

Employers often have new employees sign an Employment Agreement at the time of their employment.  Basic terms of an Employment Agreement often require that the employee protect the intellectual property of the employer, and not disclose confidential information of the employer without authorization.  The basic…
Business Law Business Law Resources Labor and Employment Law Uncategorized

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 Business Law Resources Labor and Employment Law

Rescuing Your Defined Contribution Retirement Plan

A plan sponsor of a preapproved, prototype or volume submitter defined contribution plan, including a profit-sharing, 401(k) or money purchase plan, was required to amend and restate the plan’s governing documents by April 30, 2016. See the article “Deadline Looming for Changes to Your Company’s…
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…
Labor and Employment Law

Texas Trial Court Suspends the Revised White Collar Overtime Exemption Rules

On November 22, 2016, a federal district judge for the Eastern District of Texas issued a nation-wide injunction (see here)  suspending the implementation of new regulations increasing the minimum salary level required for the White Collar exemptions from overtime pay (see here). Although technically the…
Business Law Business Law Resources Labor and Employment Law

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…