John Vering MO
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Overtime pay is based on hours actually worked. John Vering Mo. co-editor
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Don't pay less than minimum wage. Disciplining an employee for failing to follow rules is generally acceptable. However, you could face a legal challenge from the deductions under Missouri law. I recommend getting advance written approval before …
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Assuming there are no contractual obligations to the contrary, I believe that the answers to your questions are yes and yes. However, I would suggest that you announce this policy in advance in writing to all your employees and be prepared for some…
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I agree with Theresa Gegan. Although not requried, having employees acknowledge in writing every couple of years the obligation to work overtime may be helpful as a reminder of job requirements. John Vering Mo. co-editor
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I think you are running a real risk from a wage and hour perspective. Why not keep track of absenses with a dummy time card or other piece of paper not used for pay purposes. John Vering
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I am aware of no such requirement. John Vering
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I suggest that you get legal advice. As a general rule, you should make sure that you have complied with FMLA and beware of potential liability for a claim that there was retaliation for filing a workers comp. claim. Also be aware of potential ADA…
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I suggest you seek legal advice so that counsel can review the relevant facts. You face the possibity of claims under the ADA, FMLA retaliation, workers comp retaliation and possibly other claims. I suggest you try the interactive process to see i…
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The regulations say reinstatement should be to the same shift. If the employee does not mind a different shift, then it is OK but don't pressure the employee to take a different shift. John Vering Mo. co-editor
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Depends on whether intermittent leave was taken. See regulation 825.308. If the answer is not clear, get legal advice. FMLA is filled with pitfalls. John Vering Mo. Co-editor
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You do not provide enough facts to give an answer but as a general rule you can't place someone in a lower level position when they return from FMLA leave unless it is clear that they would be in a lower level position if they had not gone on FMLA l…
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Unpaid leave does not constitue service credit. See explantion of that section in introductory section of FMLA regs commenting on section 825.215(d)(4) in wage and hour publication 1419 at page 53. John Vering
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Congree in its wisdom decided that public agencies are covered regardless of the number of employees but for an individual to be covered that individual needs to meet the requirements of the regulations including working at a worksite where 50 or mo…
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As a general rule, being on FMLA does not immunize a person from being fired if that person would have been fired had they not been on FMLA leave. However, any termination of an employee while on FMLA leave will be closely scrutinized should there …
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YOu are not legally required to give more info even with a release. John Vering MO. co-editor
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There is no Missouri state law protecting gays/homosexuals and, as a general rule, if you are a private employer and the employee works in a city that does not have an ordinance prohibiting discrimination on the basis of sexual orientation, you coul…
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I suggest that you get advice from experienced employment counsel. You can not force someone to retire because of their age--regardless of what it is. The Older Workers Benefit Protection Act and EEOC regulations have a number of special requireme…
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I participated in the one on the new Dept. of Labor proposed regulations on who is exempt from overtime and found it to be excellent. Because there are so many people listening you may not be able to get your questions answered if you have any but …
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If there is a proper service letter request, you must respond or face possible punitive damages. You need to check with legal counsel to determine in a proper service letter request was made. Even if you have no legal obligation to respond, consid…
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Tapes frequently are admissible. If you think you need legal advice ask the Company to pay for an indepenent attorney for you and if they won't get your own legal advice. You will probably sleep better at night. John Vering Mo. co-editor
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I suggest you get legal advice. As a general rule, if the offer has not been accepted, it can be withdrawn. Also, if there is no meeting of the minds on the essential terms or you have not specified a duration of employment, you might not have a c…
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Call the Division of Employment Security in Jefferson City. Get all the information they will provide you for free, including citations to statutes and regulations and then get legal counsel familiar with unemployment taxation and have that person …
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I see no good reason to throw the medical information away. Comply with ADA re keeping medical info in a separate file that only those with reason to review same can access per ADA requirements. The medical records may prove invaluable if a claim …
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I agree with Theresa Gegen. Be very wary about creating permanent light duty jobs, make them temporary for a specified period of time. Have your policy reviewed by legal counsel. John Vering Mo Co-editor [email]jvering@armstrongteasdale.com[/email…
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I suggest you contact legal counsel as soon as possible. It looks like the situation could get out of hand. Remember that a poor investigation can be worse than no investigation at all. It does not sound like this situation will improve or go awa…
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See article "Prompt, effective action saves employer in Dec. 2001 issue of Missouri Employment Law Letter. John Vering Mo. co-editor
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I do not see a problem. John Vering
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As a general rule it is unlawful to force someone to retire because of their age no matter how old they are. I suggest you get legal advice before proceeding. John Vering Missouri Co-editor 816-472-3114
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In Missouri, if you are a private non-union employer you can, as a general rule, do random drug testing of at-will employees. By general rule, I mean that you can do this testing unless there is a constitutional provision, statute or court case or …
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As a general rule, a Missouri private employer can do random drug testing. A governmental employer can only random drug test in very limited cirumstances as to certain employees, if at all. I suggest you get advice from a labor and employment atto…