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Employment Law Blog


04.27.2012 The Snare of COBRA
The case of Franco Santos v. Goldstar Transport, Inc., is instructive of companies which are under “common control.”  In that case, a former employee took her employer, Goldstar Transport, Inc.,...

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04.23.2012 Accommodating Employees With Disabilities
The Americans With Disabilities Act can apply even when what may appear on its face to be a neutral, non-discriminatory practice is instituted on behalf of an employer.  Recall a case where Verizon...

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04.18.2012 Doe ex rel. Subia v. Kansas City, Missouri Sch. Dist.: Missouri Expands the Scope of Sexual Harassment Claims under the MHRA
Until a recent decision by the Missouri Court of Appeals, no Missouri case had addressed whether the Missouri Human Rights Act (“MHRA”) covers a claim against a public school district for sex...

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04.17.2012 Court Decision Finds FMLA Violation in Failure of Employer to Provide Proper Notice
A federal court judge has ruled that a claim could be stated against an employer which failed to provide proper notice to an employee during her unpaid leave under the Family Medical Leave Act...

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04.16.2012 Continuing Violations vs. Discrete Acts under the MHRA
In Tisch v. DST Systems, Inc., the plaintiff employee brought an action against his employer for reverse gender discrimination, age discrimination, and retaliation in violation of the Missouri Human...

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03.05.2012 Missouri Upholds Large Punitive Damages Award in Wrongful Discharge Case
Missouri is an “at-will” employment state, meaning employers generally have the right to terminate employees for any reason or no reason at all, with or without cause.  However, the public...

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02.09.2012 Missouri Legislature Endorses the “Motivating Factor” Standard for Workplace Discrimination
By a vote of 89-68, the Missouri House of Representatives today approved a bill that would have a substantial impact on workplace discrimination cases.  House Bill 1219 would essentially dismantle...

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01.26.2012 Federal Labor Laws Protect Group Activity through Social Media but not Individual Gripes
Section 7 of the National Labor Relations Act (“NLRA”) provides that “mployees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively...

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01.10.2012 Arbitration Agreements Preventing Employees from Joining Together to Pursue Employment Claims Violate Federal Labor Law
The National Labor Relations Board (“NLRB”) recently considered the issue of whether an employer is in violation of Section 8(a)(1) of the National Labor Relations Act (“NLRA”) when it...

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12.19.2011 Whistleblower Protection not Invoked for Disclosure to Wrongdoers
There may not be a more conflicting situation for an employee than discovering that their employer is engaged in wrongful conduct in violation of the law.  Such a situation presents a number of...

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