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 | Former Employee Loses on EPPA Firing Claim, but Survives on Use of Polygraph Tests Daniel L. Farris; Hinshaw & Culbertson LLP; Legal Alert/Article November 29, 2009, previously published on January 2, 2009 A former bank employee claimed he was discharged in violation of the Employee Polygraph Protection Act. |
 | 'Tis the Season--Beware of Employer Liability at Office Holiday Parties Jeremy A. Stephenson, Phillip Florence, Benton L. Toups, Jennifer S. Jerzak, Elizabeth Martineau; Hedrick Gardner Kincheloe & {newline}Garofalo, L.L.P.; Legal Alert/Article November 29, 2009 This is the time of year when many employers are scheduling office holiday parties to reward hardworking employees for a good year. |
| New Family and Medical Leave Regulations Drinker Biddle & Reath LLP; Legal Alert/Article November 29, 2009, previously published on January 2009 Sixteen years after the Family and Medical Leave Act of 1993 (FMLA) was enacted, the Department of Labor (DOL) has issued new regulations that take effect on January 16, 2009. |
| Union Can Arbitrate Retirement Dispute without First Obtaining Consent of Retirees Aimee Dreiss; Hinshaw & Culbertson LLP; Legal Alert/Article November 29, 2009, previously published on January 2, 2009 A union attempted to arbitrate an employer's changes to its medical plan, effectively eliminating retiree benefits. |
| Reasonable Accommodation May Be Limited by Collective Bargaining Agreement Jonathon D. Hoag; Hinshaw & Culbertson LLP; Legal Alert/Article November 29, 2009, previously published on January 2, 2009 A bus driver became unable to work due to the combined effects of a high-risk pregnancy, diabetes, and migraine headaches. |
| Supervisors Can Be Held Liable under the MHRA R. Lance Witcher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.; Legal Alert/Article November 28, 2009, previously published on July 8, 2009 The Missouri Supreme Court has officially held that individual supervisors fall under the definition of "employer" in the Missouri Human Rights Act (MHRA) and can therefore be sued in their individual capacities for employment discrimination. |
| December 31, 2008 Deadline for Employer "Pick-Up" Contributions John D. Wahlin; Best Best & Krieger LLP; Legal Alert/Article November 28, 2009, previously published on December 22, 2008 IRS Revenue Ruling 2006-43 requires formal action by a public agency on or before December 31,2008 with respect to the employer's "pick up" of employee contributions under a retirement plan. |
| 8th Circuit - Eighth Circuit Rejects Workers' Disparate Impact Claim Patrick Hulla; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.; Legal Alert/Article November 28, 2009, previously published on July 8, 2009 The federal appellate court with jurisdiction in Missouri recently ruled against a group of African-American workers who sued their union claiming that they were discriminated against in terms of job placement. |
| Federal Contractors Required To Use E-Verify Beginning September 8, 2009 Barbara Webb Menefee; Frost Brown Todd LLC; Legal Alert/Article November 28, 2009, previously published on September 3, 2009 Federal contractors and subcontractors will be required to begin using the U.S. Citizenship and Immigration Services' E-Verify system starting September 8, 2009, to verify their employees' eligibility to work legally in the United States. Only contractors who are awarded a new contract with an... |
| Supreme Court Ruling Confirms Heightened Pleading Standard; Defense Attorneys Armed With Weapon to Combat Frivolous Complaints Charles S. Cassis, Justin Fowles, Christopher Johnson; Frost Brown Todd LLC; Legal Alert/Article November 28, 2009, previously published on July 21, 2009 The Federal Rules of Civil Procedure require that a complaint contain a "short and plain statement of the claim showing that the pleader is entitled to relief." Fed. R. of Civ. P. 8(a)(2). Since 1957, this rule has been interpreted rather liberally, allowing plaintiffs to dodge a... |
