vmiller MO
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I have another thought. Is this person "disabled" under the ADA. If you run the ADA analysis and conclude that the person is disabled, then the issue of reasonable accommodation is necessary. It is possible that a reasonable accommodation could b…
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There is a fundamental difference between FMLA in a non-union context and in an union context. The difference is that in the union context there are two statutes that you must consider--FMLA and the National Labor Relations Act (NLRA). These statu…
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From a legal point of view, the FMLA defines "Spouse" as: "The term 'spouse' means a husband or wife, as the case may be." The regulations define spouse: "Spouse means a husband or wife as defined or recognized under State law for purposes of marri…
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I disagree that you are necessarily legally required to grant FMLA under these circumstance, but I would just do it.
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I have not had this experience with Aetna. I have had doctors refusing to complete the Medical Certification unless paid $25.00. This requirement then presents an interesting issue. Who pays? The company or the employee? My clients have taken t…
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I agree with the others who have responded. One of the reasons for FMLA leave is a birht of a child. It is clear that congress intended this to mean that an eligible employee could take up to 12-weeks after the birth of their child in order to bon…
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Pregnancy is a serious health condition for purposes of FMLA and you can require her to use FMLA leave and sick and vacation time. You should provide the approprate notices and tell her that you are counting the time off for doctor's visits as part…
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The easiest way to view FMLA is that the employee is at work, not absent from work. Therefore, the FMLA leave does not count as an absence from work. If the employee is absent from work for reasons other than FMLA, then your absentee control progr…
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You may want to consider having the employee pay back the cost of the tuition if the employee leaves before a set time period. Normally, the repayment amount decreases the longer the employee stays until it is zero. The Illinois State Police try t…
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I know this may sound impossible, but I agree with DonD. You should be aware that if you, meaning the company, does not perform the background check, then you should consider the implications of the Fair Credit Reporting Act. Vance Miller Editor, M…
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Missouri is an at-will state. I assume that you do not have a union contract. Therefore, absent a contractual provision or a contrary staturory provision, you can terminate the individual for a "good reason, a bad reason, or no reason at all, with…
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Check Missouri Rev. Statute 294.040. It lists the machinery and jobs that a child under the age of 16 is prohibited from performing. Section 294 generally defines a child for employment purposes as being under the age of 16. Vance Miller Editor, …
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Don D has got it right. This type of information is "presumptively relevant" under the NLRA. (There is information that is not presumptively relevant). As Don D indicated, there are ways of dealing with the information requests such as this. For…
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In defense of the legal system, I would point out that the FLSA has been the law of the land since 1939. I'm always amazed when I read or hear that employers do not know or understand this statute. I will admit that California is a special case be…
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What I mean is on one hand, the EEOC does not like religion because it can be a defense to enforcing other parts of Title VII. On the other hand, it knows that religion is a protected category. As a result, the EEOC has to "protect" against religi…
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This is always a challenging issue. Under Title VII, an employer cannot discriminate on the basis of religion. An employer is, futher, required to make a reasonable accommodation for an employee's religious beliefs. This all sounds nice, but it i…
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The issue really is not whether a non-compete agreement changes the at-will employment arrangement. It is whether the non-compete is valid and/or enforceable. Generally, non-competes do not set forth a definite (fix) time period of employment. …
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You should first look to your union contract to determine if contractually you have to provide a steward. Some contracts require a steward to be present and some do not. You should next consider whether your company has a "past practice" of prov…
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Decertification elections are very similar to representational elections concerning what an employer can say and do. The added problem is that you have an obligation to bargain with the Union during the time of the election campaign. Further, it i…
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One would think that this is an easy questions. However, it is not and if fraught with problems. The Uniform Guidelines on Employee Selection Procedures states: "The precise definition of the term 'applicant' depends upon the user's recruitment a…
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In Missouri, "meet and confer" only applies to the public sector. Legally it is much less than collective bargaining, but practically it could be the equivalent if the union has political power. Hunter1 has a good definition, except it is not lega…
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You really need to understand what you are doing when you put together an AAP. First, you have to know how many emplolyees you have. Second, you should be aware that the OFCCP takes the position that if one facility is covered, then all of your fa…
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If we want to prohibit an employee or any person who has a concealed weapons permit from bring the gun on to your property or business, it is necessary under the statute to post notices in conspicous places. The notices must be a minimum size of 11…
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Since you are in MO and apparently nonunion, you have the luxery of the employment at will doctrine. You can, therefore, pick and choose. What you cannot do is utilize unlawful reasons such as race, religion, sex, ethnic or national origin, age if…
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I'm not sure what the question is. If he filled an I-9 Form out and had a work permit, then he would have to show another valid work permit when his original work permit expired. If he is a citizen or is a resident alien, then he does not have to …
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psrcello is correct that the use of vacation as part of FMLA is a mandatory subject of bargaining. If the contract does not directly address this issue and if you do not have a "Maintenance of Standards" clause, it may be possible for you to make a…
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If the individual has been on Military Duty fro 1-30 days, the individual must report back to the individual's employer by the beginning of the first regularly scheduled work day that would fall eight hours after the end of the calendar day. If the…
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You should listen to DonD. He is right again. Vance Miller Editor, Missouri Employment Law Letter Armstrong Teasdale LLP (314) 621-5070 [email]vmiller@armstrongteasdale.com[/email]
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The responses of the other two individuals is sound. There are really two separate issues: 1) completion of I-9 and 2)company pay and personnel records. As to the I-9, the employee has to provide the documentation specified on the form. It is up …
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There are restrictions. Generally, the union is entitled to information that is necessary and relevant for them to perform their obligation to barain for and represent the unit employees. The information that you listed is normally necessary and r…