Employment News You Can Use

Welcome to the inaugural issue of “Employment News You Can Use,” Danna McKitrick’s Employment Law Educational Alliance newsletter.

After a busy legislative session, employers may find several reasons to be encouraged.

• “Motivating Factor” Standard Replaces “Contributory Factor”
  The standard for liability has moved from proof that the discriminatory conduct was a “contributing factor” to “the motivating factor.” Read more

• Preventing Sex Discrimination: The Case for Implementing More Guard Rails
  Business owners should consider a few guards rails to create an environment where sexual harassment or sexual discrimination less likely to happen. Read more

• Is a LinkedIn Offer to Connect a Violation of a Non-Solicitation/Anti-Raiding Agreement?
  In our world of mobile devices and social media, business owners may need to revise existing non-solicitation and non-complete agreements. Read more

• Working From Home as a Reasonable Accommodation Under the ADA: Credeur v. State of Louisiana
  Requests to work from home for an unlimited time period are not going to be a reasonable accommodation under the ADA for some positions. Read more

• Uncertainty Leads to Proposed Easing of Wellness Program Regulations
  In response to many complaints about the trials and tribulations employers face when initiating a compliant wellness program due to the inconsistent federal requirements, Congress has taken some corrective steps. Read more

• New EEOC Rules Complicate Task of Designing a Compliant Employer Wellness Program
  After years of twists and turns, backs and forths, the Equal Employment Opportunity Commission (EEOC) issued final rules that went into effect in January 2017 and apply to all employer group health insurance plans that offer wellness programs. Read more

• Department of Labor’s Salary and Overtime Regulations
  A federal district court in Texas has delayed the enforcement of the Department of Labor’s (DOL) changes in overtime and salary regulations. Read more

• Eighth Circuit Interprets Missouri Law: Non-Compete Agreements May Be Transferred to Subsequent Employer
  Missouri employers need to ensure, at the very least, that their non-compete and non-confidentiality agreements contain an assignment clause. Read more

• EEOC: Discrimination Based on Sexual Orientation and Gender Identity is Prohibited
  The EEOC interprets Title VII as prohibiting discrimination against employees on the basis of sexual orientation and gender identity. Read more

As always, if you have any questions or concerns, please contact your attorney at Danna McKitrick, P.C. at 314.726.1000.