Dolley Law, LLC

District of Kansas Denies Decertification Motion In Charbonneau v. Mortgage Lenders of America, LLC, et al., No. 2:18-CV-02062, 2021 WL 84171 (D. Kan. Jan. 11, 2021), U.S. District Judge Holly Teeter of the District of Kansas denied the defendants’ motion to decertify plaintiff’s unpaid overtime claims under the Fair Labor Standards Act (FLSA). Charbonneau, 2021 WL 84171, at *1. In denying the defendants’ motion to decertify, the Court stressed the shortcomings of the def...Continue reading

Preventing Unfair Competition Without Non-Competes: Punitive Damages and the Duty of Loyalty On January 12, 2021, the Missouri Court of Appeals for the Western District issued a 24-page decision addressing an appeal of a multi-million-dollar jury verdict and award entered against a large, full-service promotional products distributor, HALO Branded Solutions, Inc. (HALO), for engaging in unlawful competition. See All Star Awards & Ad Specialties, Inc. v. Halo Branded Solutio...Continue reading

EEOC Proposes New Rule On Workplace Wellness Programs For the past two decades, the Equal Employment Opportunity Commission (EEOC) has taken the position that employers may offer and maintain wellness programs in the workplace, provided that the program neither requires participation nor penalizes employees who do not participate. Over the years, some have expressed concern that these wellness programs could and would run afoul of feder...Continue reading

Aiding and Abetting Retaliation: Third Party Liability under the Missouri Human Rights Act On January 12, 2021, the Missouri Court of Appeals for the Western District issued a decision clarifying that third parties outside of an employer-employee relationship may be held liable under the Missouri Human Rights Act (MHRA) for aiding and abetting discriminatory or retaliatory practices or acts. See State ex rel. Swoboda v. Mo. Comm. Human Rights, et al., -- S.W.3d --, 2021 W...Continue reading

Mandating Vaccines in the Workplace With the recently approved vaccines for COVID-19, many employers are asking whether they can require their employees to get vaccinated as a condition of employment. Most believe the answer is generally yes, but with important qualifications. These qualifications usually relate to employment rights and protections, such as exceptions to vaccinations for medical reasons or religious beliefs. However, there are additional considerations reg...Continue reading

DOL Announces Final Rule on Determining Independent Contractor Status under the FLSA On January 6, 2021, the United States Department of Labor (DOL) announced a final rule that addresses the distinction between employees and independent contractors under the Fair Labor Standards Act (FLSA). The final rule will be published in the Federal Register on January 7, 2021, but will not take effect until 60 days thereafter (March 8, 2021). According to the DOL, the new rule ad...dresses and clarifies the following issues: Reaffirms an economic reality test to decide whether an individual is engaged in business for him or herself (i.e., an independent contractor) or economically depends on a potential employer for work (i.e., an employee); Addresses and emphasizes two core factors that are most probative to this distinction between independent contractors and employees: o The nature and degree of control over the work at issue; and o The individual’s opportunity for profit or loss based on initiative and/or investment; Addresses and explains three other factors that may be considered as part of the analysis, especially where the two core factors do not point to the same classification: o The amount of skill required for the work; o The degree of permanence of the working relationship between the worker and the potential employer; and o Whether the work is part of an integrated unit of production. The actual practices of the individual and putative employer are more relevant than contractual or theoretical possibilities; Six fact-specific examples with analysis and application of the factors. Per a DOL news release, current United States Secretary of LaborEugene Scaliastates, [t]his rule brings long-needed clarity for American workers and employers, emphasizing that the new rule brings clarity to the employee-independent contractor distinction while recognizing and respecting the entrepreneurial sprit of workers who choose to pursue the freedom associated with being an independent contractor. The current Wage and Hour Division AdministratorCheryl Stantonechoed similar sentiments, additionally noting that the new final rule is anticipated to reduce worker misclassification, reduce litigation, increase efficiency, and increase job satisfaction and flexibility. Time will tell whether the new final rule will have the intended or anticipated effects stated by the current DOL administration. Many consider the new rule to be more employer-friendly, but that whether that is true, remains to be seen. Ultimately, the only clear takeaway at this point is that this new final rule provides guidance from the DOL on a significant issue that courts across the country have varied in analyzing and deciding. Stay tuned for further developments.

Judge Finds Completed EEOC Questionnaire Qualified As Filing A Charge of Discrimination In a recent decision, the United States District Court for the Eastern District of Missouri ruled that a former retail store manager preserved his employment discrimination claim when he filled out an intake questionnaire with the EEOC, but not a formal charge of discrimination, within 300 days of the date the alleged discrimination occurred. See Dancy v. Wireless Vision, LLC, Case No. 4:2...Continue reading

EEOC Launches EEOC Explore On December 2, 2020, the Equal Employment Opportunity Commission (EEOC) launched a new electronic data tool allowing users to view aggregate demographic data associated with more than 56 million employees and 73,000 employers throughout the United States. The new tool, called EEOC Explore, was developed in collaboration with the National Opinion Research Center (NORC) at the University of Chicago, a leading independent social research organization. https://www.missouriemploymentlawattorney.com/labor-employ/

The Biden Administration states that it intends to pursue potential changes related to wage and hour related laws. Here's what's in store based on Biden's Agenda for Empowering Workers. https://employment-law-firm.com/potential-changes-to-wage-/

Criminal history may no longer play a role in employment-related decisions, such as hiring and promoting, in St. Louis, starting Jan. 1, 2021. https://www.missouriemploymentlawattorney.com//banning-th/