join our network! affiliate login  
Custom Search
Daily and Weekly Editions • Articles • Alerts • Expert Advice • Learn More

Total Articles: 10

Kansas City, Missouri, Jumps on the “Ban Wagon,” Passes Ban the Box Ordinance

On February 1, 2018, the City Council of Kansas City, Missouri, enacted a ban-the-box ordinance that limits an employer’s use of an individual’s criminal history in making hiring or promotional decisions. The ordinance will go into effect on June 9, 2018.

Kansas City, Missouri, Enacts "Ban-the-Box-Plus" Ordinance

On February 1, 2018, the Kansas City, Missouri, City Council passed restrictions on employers’ inquiries into, and use of, criminal record information. The ordinance becomes effective on June 9, 2018. The City had already removed the criminal history question from employment applications for government positions in 2014. Similar to the Missouri Human Rights Act, the ordinance applies to private employers with six or more employees.

Kansas City Decides 2018 Is The Year For Private Employers To “Ban the Box”

The City Council in Kansas City, Missouri just passed an extension of its 2013 public sector “ban the box” rule, which will soon be extended to apply to private sector employers. The new ordinance will go into effect on June 9, 2018, requiring most businesses operating in the city to adjust their hiring practices.

Missouri Court Tackles Sex Stereotyping, Highlights Sexual Orientation and Gender Identity Issues

While nearly half of all states expressly prohibit discrimination based on sexual orientation and/or gender identity, Missouri is not one of those states. However, the Missouri Court of Appeals recently issued a decision in favor of a gay employee who filed a lawsuit alleging sex discrimination based on sex stereotyping. Lampley v. Missouri Commission on Human Rights, No. WD80288 (October 24, 2017).

Missouri Supreme Court Punts Two Lawsuits in a Row, on Direct Flights to Arbitration

Arbitration agreements have faced tackles and turbulence in a series of cases litigated in Missouri courts over the past few years. In the fall of 2017, the Supreme Court of Missouri issued two favorable arbitration agreement decisions: one involved an aviation school, the other arose from a training facility lease with the Rams football team, which has since left Missouri for California and was previously involved in a different arbitration-related case in Missouri. Other parties stand to benefit from these decisions if they carefully draft and execute arbitration clauses and properly incorporate and reference the procedural and substantive rules of the American Arbitration Association (AAA), Judicial Arbitration and Mediation Services (JAMS), or a professional alternative dispute resolution organization that uses similar language in its rules.

Will Missourians Finally Have the “Right to Work”?

On February 6, 2017, Missouri Governor Eric Greitens signed Senate Bill 19, which was designed to make Missouri the country’s 28th right-to-work state, effective August 28, 2017. Unions, fearing significant revenue losses, mounted petition drives to reverse the action of the legislature and governor. On August 18, 2017, the unions filed signatures in support of Referendum Petition 2018-R002 with Missouri Secretary of State Jay Ashcroft. To be valid, this petition was required to have been signed by at least five percent of the registered voters in six of Missouri’s eight congressional districts. Following review by the office of the Missouri secretary of state and local election boards, on November 22, 2017, Missouri Secretary of State Ashcroft issued a certificate of sufficiency certifying that Referendum Petition 2018-R002 had been supported by the requisite number of signatures and that the question of right-to-work would be presented to Missouri’s voters in November 2018 (unless a different date is designated by the Missouri General Assembly). According to Missouri Constitution Article III, Section 52(b), right-to-work will become the law of Missouri only if ratified by the Missouri electorate.

Missouri Appellate Court’s Holding That Sex Discrimination May Be Based on Sex Stereotyping Offers Some Protections for LGBT Employees

In Lampley, et al. v. Missouri Commission on Human Rights,1 the Missouri Court of Appeals held that sex stereotyping can form the basis of a sex discrimination claim when the complaining party is gay, but should not be construed as a claim for sexual orientation discrimination.2 The latter cause of action is not a cognizable claim under the Missouri Human Rights Act (“MHRA”). Further, a complaining party’s sexual orientation is irrelevant to the claim of discrimination based upon sex stereotyping.

Missouri Right to Work Law Suspended, Likely Headed for Popular Vote

A new Missouri "right to work" law has been blocked from taking effect, following a last-ditch petition effort in opposition to the measure. The law banning mandatory union fees would have taken effect August 28.

Unions Fight Back Against Missouri Right-to-Work Law

On February 6, 2017, Missouri Governor Eric Greitens signed Senate Bill 19, making Missouri our nation’s 28th right-to-work state. Senate Bill 19, codified as Section 290.590 of the Missouri Revised Statutes (RSMo), was scheduled to take effect on August 28, 2017. The unions, fearing significant revenue losses, mounted petition drives to reverse the actions of the legislature and governor. On Friday, August 18, 2017, Missouri Secretary of State Jay Ashcroft’s office reported that the unions filed one type of petition: a referendum intended to submit approval of the statute to the voters in November 2018. Meanwhile, attempts to also submit state constitutional amendments to the voters, by initiative petition, appear to remain ongoing.

"A Little Bad Grammar Will Not Annul" – Missouri Unions Move Ahead with Referendum Petition to Revoke Right-to-Work

Missouri was set to become a right-to-work state on August 28, 2017. However, unions have continued efforts to prevent the implementation of Senate Bill 19 (“SB 19”), Missouri’s right-to-work bill. Article III, Section 52 of the Missouri Constitution allows the public to petition for a referendum to put key issues before Missouri voters on the November 2018 ballot. The president of the Missouri AFL-CIO intends to use a referendum petition to halt SB 19.

Fisher Phillips | California | California Supreme Court Embraces Employee-Friendly Formula For Calculating OT Pay (March 05, 2018)

Fisher Phillips | California | FEHC Proposes Regulations to Implement California’s New “Ban the Box” and “New Parent Leave” Laws (March 04, 2018)

Fisher Phillips | California | Your Comprehensive Guide to 2018 Proposed California Legislation (February 28, 2018)

FordHarrison LLP | California | California Supreme Court's Recent Overtime Ruling Likely to Cause Payroll Problems (March 07, 2018)

Jackson Lewis P.C. | California | California Court of Appeals Holds Labor Code § 558 Claims Are Indivisible Claims and Not Arbitrable (February 28, 2018)

Jackson Lewis P.C. | California | Calculating Overtime Value of Flat-Sum Bonus Must Be Based on Actual Non-Overtime Hours Worked, California High Court Holds (March 11, 2018)

Fisher Phillips | California | The Plot Thickens: Trump Administration Sues California Over New Immigration Laws, Including AB 450 (March 09, 2018)

Jackson Lewis P.C. | California | Pending California Legislation Alert! Recently Introduced Bill Seeks to Protect Medicinal Marijuana Users from Employment Discrimination in California (February 27, 2018)

Jackson Lewis P.C. | California | California Transportation Industry Waives Goodbye to Enforcement of Federal Arbitration Act Provisions in Employment Contracts (March 07, 2018)

Carothers DiSante & Freudenberger LLP | California | California Proposes New Regulations on Parent Leave and Criminal History Inquiries (March 14, 2018)