Employer Employee Law Index

• Library: Employer-Employee Law 2008

Missouri

Employer-Employee Law

Third Edition

Index

References are to section numbers.

A

Age Discrimination in Employment Act recordkeeping requirements, 23.3

Americans with Disabilities Act

drug testing

post-employment, 15.4

pre-employment, 15.3

reasonable accommodation requirement, 5.31

recordkeeping requirements, 23.2

Attorney fees

Consolidated Omnibus Budget Reconciliation Act, 21.13

covenants not to compete, 17.20

Employee Retirement Income Security Act, 21.13

Family and Medical Leave Act, 5.27

government cases—see Equal Access to Justice Act

prevailing wage law, 19.49

restrictive covenants, 17.20

Sunshine Law, 3.53

Worker Adjustment and Retraining Notification Act, 14.24

B

Background checks

arrests, 24.47

convictions, 24.46

credit checks, 24.45

Bankruptcy of employer, 8.6

C

Child labor laws

federal, 7.4, 18.1

Missouri, 7.4, 18.2

preemption, 18.2

COBRA—see Consolidated Omnibus Budget Reconciliation Act

Collective bargaining—see Unfair labor practices; Unions

Commissions, payment, 8.3

Computers, privacy issues

e-mails, 15.18, 15.31

federal law, 15.33

government investigations, 15.32

private employers, 15.31

public employers, 15.30

website monitoring, 15.31

Consolidated Omnibus Budget Reconciliation Act

applicability

beneficiaries, 21.4

employees, 21.4

employers, 21.2

entities, 21.2

plans, 21.3

attorney fees, 21.13

cost, 21.10

duration of coverage, 21.9

election period, 21.7

enforcement, 21.11, 21.12

event triggering continued coverage rights, 21.5

identical coverage required, 21.8

individual liability, 21.12

length of coverage, 21.9

notices, 21.5, 21.6

overview, 21.1

penalties, 21.12

preemption, 21.1

premium payments, 21.10

remedies, 21.11

qualifying event, 21.5

regulations, 21.1

small employers, 21.2

type of coverage, 21.8

Covenants not to compete—see Restrictive employment covenants

D

Discharged employee, prompt payment of wages, 8.2

Division of Employment Security

contact information, 4.3

function, 4.4

structure, 4.3

website, 4.61

Drug testing

Americans with Disabilities Act

post-employment testing, 15.4

pre-employment testing, 15.3

defamation claims, 15.13

employer policies, 15.2

Fourth Amendment analysis

private employers, 15.6

public employers, 15.5

Missouri Human Rights Act, 15.1

post-employment testing, 15.4

pre-employment testing, 15.3

privacy, invasion

caselaw generally, 15.9

false light, 15.12

intrusion into seclusion, 15.10

public disclosure of private facts, 15.11

tort law claim generally, 15.7

workers’ compensation preemption, 15.8

safety-sensitive position employees, 15.5

search-and-seizure analysis

private employers, 15.6

public employers, 15.5

tort law claims

defamation, 15.13

generally, 15.7

privacy, invasion

caselaw generally, 15.9

false light, 15.12

intrusion into seclusion, 15.10

public disclosure of private facts, 15.11

workers’ compensation preemption, 15.8

unemployment, 15.2

E

Employee Retirement Income Security Act recordkeeping requirements¸ 23.7

Equal Access to Justice Act

generally, 13.83

eligibility, 13.84

prevailing party standard, 13.85

special circumstances, 13.90

substantially justified actions

generally, 13.86

reasonable factual basis, 13.87

reasonable factual support for legal theory, 13.89

reasonable legal basis, 13.88

Equal Employment Opportunity Commission

complaint procedures, 22.2

reporting procedures, 23.2

Equal Pay Act

overview, 7.5

recordkeeping requirements, 23.6

F

Fair Labor Standards Act

child labor—see Child labor laws

coverage

generally, 7.7

commerce defined, 7.15

employees

generally, 7.15, 7.19

elected officials, 7.22

engaged in commerce, 7.16

independent contractors, 7.12, 7.20

production of goods, 7.17, 7.18

trainees, 7.21

volunteers, 7.23

enterprises

generally, 7.8

establishment defined, 7.9

franchises, 7.13

independent contractors, 7.12

leased departments, 7.11

related activities, 7.10

volume of business, 7.14

independent contractors, 7.12, 7.20

states, 7.22

volunteers, 7.23

damages, 7.86, 7.88

enforcement claims

affirmative defenses, 7.90–7.92

class actions, 7.81

collective actions, 7.81

defenses, 7.90–7.92

Department of Labor actions

generally, 7.82

civil penalties, 7.85

damages, 7.86

injunctions, 7.83

investigation, 7.84

retaliation claims, 7.89

employee claims, 7.87, 7.88

good faith defense, 7.92

jurisdiction, 7.78

remedies, 7.86, 7.88

removal, 7.78

retaliation claims, 7.89

standing, 7.80

statute of limitations, 7.77, 7.91

venue, 7.79

equal pay, 7.5

exemptions

generally, 7.60, 23.5

camp employees, 7.75

companionship

generally, 7.71

activities, 7.74

babysitters, 7.71

nurses, 7.73

third-party employers, 7.72

trained personnel, 7.73

criminal investigators, federal, 7.75

elected officials, 7.22

fishing, 7.75

motor carrier, 7.70

newspaper delivery, 7.75

newspapers, small, 7.75

overtime only, 7.75

switchboard operators, 7.75

white collar

administrative employees, 7.63–7.65

computer employees, 7.67

executives, 7.62

highly compensated employees, 7.69

managers, 7.62

outside salespersons, 7.68

professional employees, 7.66

minimum wage—see Minimum wage

overtime—see Overtime

posted notices, 7.6

professional employer organizations, applicability, 25.6

recordkeeping requirements, 7.6, 23.5

retaliation claims, 7.89

Family and Medical Leave Act

generally, 2.35, 5.2

attorney fees, 5.27

continuing treatment, defined, 5.7

covered employers, 5.3

covered leaves

birth, care, or adoption of child, 5.6

care for family member, 5.7

employee’s serious health condition, 5.7

listed, 5.5

military duty of family member, 5.8

military illness or injury of family member, 5.9

damages, 5.26

designation of leave as qualifying, 5.14

eligibility, 5.4

employees eligible, 5.4

employers covered, 5.3

enforcement

employee claims, 5.24

Secretary of Labor, 5.23

statute of limitations, 5.25

equitable relief, 5.26

health insurance benefits, 5.17

jury trial, 5.24

key employees, 5.19

leave request, 5.10

leaves covered, 5.5

medical certification, 5.12

military personnel, 5.4, 5.8, 5.9

notice by employer, 5.16

notice of need for leave, 5.10

paid leave, relationship, 5.17

posted notice of rights, 5.16

prohibited acts, 5.22

public agencies, applicability, 5.3

purpose, 5.2

recordkeeping requirements, 5.15, 23.4

related laws, relationship, 5.21

remedies, 5.26

request for leave, 5.10

return to work

equivalent pay, benefits, and conditions, 5.20

fitness-for-duty report, 5.18

same or equivalent position, 5.19

school employees, 5.11

serious health condition, defined, 5.7

short-term conditions, 5.7

state employers, applicability, 5.3

statute of limitations, 5.25

treatment, defined, 5.7

twelve-month period, selection, 5.13

workers’ compensation, relationship, 5.21

H

Handbilling—see Unions

Health insurance

continuation of coverage—see Consolidated Omnibus Budget Reconciliation Act

portability—see Health Insurance Portability and Accountability Act

privacy—see Health Insurance Portability and Accountability Act

Health Insurance Portability and Accountability Act

generally, 20.1, 20.10

discrimination prohibition, 20.7, 20.9

disparate treatment prohibition, 20.7, 20.9

enforcement, 20.8

non-covered issues, 20.9

overview, 20.1, 20.10

portability

adopted children, 20.5

creditable coverage

calculation, 20.3

certification, 20.4

defined, 20.2

proof, 20.4

eligibility, 20.6

enforcement, 20.8

marriage, 20.5

newborns, 20.5, 20.9

preexisting conditions, 20.2

pregnancy, 20.2

regulations, 20.10

special enrollment, 20.5

privacy

generally, 20.11

business associates, 20.19

contracted entities, 20.19

covered entities, 20.13

disclosures of information

generally, 20.15

authorization contents, 20.18

authorized, 20.17

unauthorized, 20.16

employers, how affected, 20.27

enforcement, 20.25, 20.26

entities covered, 20.13

information protected, 20.12

notices required, 20.20

penalties for violations, 20.26

policies and procedures, 20.14

privacy officer requirement, 20.14

training requirement, 20.14

purpose, 20.1

security of information

generally, 20.11, 20.21

employers, how affected, 20.27

enforcement, 20.25, 20.26

penalties for violations, 20.26

safeguards

administrative, 20.22

physical, 20.23

technical, 20.24

security officer requirement, 20.22, 20.24

HIPAA—see Health Insurance Portability and Accountability Act

Hostile work environment, 24.40

I

Immigration issues

alien employment rights, 16.1

discrimination prohibition, 16.2, 16.9

document abuse, 16.9

eligibility to work, proof, 16.5, 16.6

employment, defined, 16.4

federal agencies, 16.3

form I-9, 16.5, 16.6, 23.9

green cards, 16.5

knowing violation, defined, 16.4

penalties for employment violations, 16.8

prohibitions against employment, 16.2

proof of eligibility to work, 16.5, 16.6

recordkeeping and retention, 16.6, 23.9

unauthorized alien, defined, 16.4

verification of eligibility to work

electronic verification, 16.7

form I-9, 16.6

overview, 16.5

J

Jury duty, 5.28, 5.29

L

Labor organizations—see Unions

Layoffs

notice—see Worker Adjustment and Retraining Notification Act

teachers, 2.43

Leaves of absence—see also Family and Medical Leave Act

jury duty, 5.28, 5.29

reasonable accommodation

disability, 5.31

religious beliefs, 5.32

voting, 5.30

Lie detector tests—see Polygraphs

Loyalty, employee’s duty, 17.1

M

Military personnel, employment rights

coverage of law

employees, 6.3

employers, 6.2

discharge from employment, protection against

cause exception, 6.16

duration, 6.15

layoffs, 6.16

discrimination, protection against

burden of proof, 6.18

coverage, 6.17

employees covered, 6.3

employers covered, 6.2

enforcement

administrative, 6.19

Department of Labor, 6.19

private action

jurisdiction, 6.22

prerequisites, 6.20

remedies, 6.24

statute of limitations, 6.21

venue, 6.23

Family and Medical Leave Act, 5.4, 5.8, 5.9

governing law, 6.1

health insurance, 6.12, 6.13

pension benefits, 6.11

protections generally, 6.4

reemployment rights

burden of proof, 6.10

defenses, 6.10

eligibility, 6.5

notice required, 6.5

position upon reemployment

exceptions to general rule, 6.8

general rule, 6.7

priorities among returning employees, 6.9

promptness requirement, 6.6

retirement benefits, 6.11

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