gfoa-mo winter conference - cdn.ymaws.com · gfoa-mo winter conference presented by: bryan d....

GFOA-MO Winter Conference

Presented by:Bryan D. LeMoine, Esq.Polsinelli Shughart PC

7733 Forsyth Blvd., 12th FloorClayton, Missouri 63105

(314) 889-8000

Employment Law Update – Round 2

Employment Law Update – Round 2

Remember our task – avoid the lawyer droning on endlessly about new laws and potential legislation that may never occur

To facilitate our making this task happen, I am bringing out my version of trying to make employment law fun

And if you don’t like jeopardy, perhaps you can be bought because I have prizes

Agency Enforcement Litigation Problems Trouble Cometh To Leave or Not to Leave

10 10 10 1020 20 20 2030 30 30 3040 40 40 4050 50 50 50

Agency Enforcement for 10

This agency recently picked up enforcement of the Genetic Information Nondiscrimination Act, and also enforces laws protecting employees from discrimination on the basis of their race, gender and disability.

Agency Enforcement for 10

What is the Equal Employment Opportunity Commission?

Agency Enforcement for 20

This agency enforces claims that an employer failed to pay employees for all hours worked or for overtime.

Agency Enforcement for 20

What is the Department of Labor?

Agency Enforcement for 30

The information you provide to the EEOC during an administrative investigation is an open record under this law.

Agency Enforcement for 30

What is the Freedom of Information Act?

Agency Enforcement for 40

The EEOC has stepped up enforcement of these laws which relate to pre-employment testing by employers.

Agency Enforcement for 40

What are Title VII, the Americans with Disabilities Act, and the Age

Discrimination in Employment Act?

Agency Enforcement for 50

This process is required before the EEOC can proceed to file suit against an employer based on alleged violation of one of the laws the EEOC enforces.

Agency Enforcement for 50

What is the conciliation process?

Litigation Problems for 10

Section 1981 provides for this type of claim according to the United States Supreme Court in CBOCS West, Inc. v. Humphries.

Litigation Problems for 10

What is retaliation?

Litigation Problems for 20

The Missouri Supreme Court recently clarified in Hill v. Ford Motor Co. that a supervisor has this kind of liability for actions that violate the Missouri Human Rights Act.

Litigation Problems for 20

What is personal?

This case is also important for another reason – it further differentiates Missouri law from Title VII related to the burden of proof.

Litigation Problems for 30

An employee may be able to bring this type of claim if he or she has to work in an environment filled with raunchy talk even if the talk is not specifically directed at that employee.

Litigation Problems for 30

What is a hostile work environment claim?

Litigation Problems for 40

A Federal Appeals Court allowed a claim against Anheuser-Busch to go forward, overturning the lower court’s order dismissing the claim, because AB did this after one co-worker retaliated against another co-worker.

Litigation Problems for 40

What is nothing?

Litigation Problems for 50

Many employers have failed to adopt this type of policy which is a necessity in dealing with discovery requests and complying with new rules related to preservation of information.

Litigation Problems for 50

What is a record retention policy?

Trouble Cometh for 10

Under the Pregnancy Discrimination Act, an employer may not discriminate against someone who has had one of these.

Trouble Cometh for 10

What is an abortion?

Trouble Cometh for 20

This bill, recently passed by the U.S. House of Representatives, is designed to strengthen the Equal Pay Act by improving remedies, facilitating class actions, prohibiting employer retaliation, limiting employer’s affirmative defenses, and modifies the “establishment” requirement.

Trouble Cometh for 20

What is the Paycheck Fairness Act?

Trouble Cometh for 30

This law would change the requirement related to when an employer must accommodate an employee’s religious belief.

Trouble Cometh for 30

What is the Workplace Religious Freedom Act?

Trouble Cometh for 40

In Missouri, employers who hire these face significant consequences, including the possible revocation of their right to do business.

Trouble Cometh for 40

What is employ an illegal worker?

Trouble Cometh for 50

Participation in this activity affords an employee protection under Title VII according to the United States Supreme Court in Crawford v. Nashville during an employer’s internal investigation.

Trouble Cometh for 50

What is cooperating during an investigation?

To Leave or Not to Leave for 10

A person caring for a member of the armed forces wounded in combat is entitled to this kind of leave.

To Leave or Not to Leave for 10

What is military caregiver leave?

To Leave or Not to Leave for 20

A person whose physician provides documentation suggesting that a person has a serious health condition requiring them to be absent from work irregularly may be entitled to this kind of leave.

To Leave or Not to Leave for 20

What is intermittent leave?

To Leave or Not to Leave for 30

Employees must do this when they know in advance that they are going to need FMLA leave?

To Leave or Not to Leave for 30

What is give the employer thirty days notice?

To Leave or Not to Leave for 40

This law provides that an employer may be required to give an employee leave even if the FMLA may not apply or may not cover the employer?

To Leave or Not to Leave for 40

What is the Americans with Disabilities Act?

To Leave or Not to Leave for 50

One of your employees with performance problems comes to you and states he is having difficulty concentrating and has been diagnosed with attention deficit disorder. As an employer, you must do this.

To Leave or Not to Leave for 50

What is engage in the interactive process?