2007 Publications

Supreme Court Reaffirms Home-Healthcare Overtime Exemption
Federal Minimum Wage Increases
EEOC Issues Guidance on "Family Responsibility Discrimination"
Missouri Supreme Court Changes Duties of Public Employers and Employees in Collective Bargaining
EEOC Cracks Down on Discriminatory Hiring Practices
U.S. Supreme Court Limits Timeframe for Filing EEOC Claims of Discriminatory Wages
Selection of Most Qualified Applicant Does Not Violate ADA
Shift Rotation is an Essential Job Function

May-June 2007 Employment Law Newsletter

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Thomas E. Berry, Jr.
Bryan P. Cavanaugh
Stacie A. Owens
John S. Sandberg
Anthony J. Soukenik

Be wary when dealing with perceived disabilities
No age discrimination when replacement not substantially younger
Employer's failure to act on a complaint leads to Title VII liability
Is closeness in time enough to establish retaliation?

May 2007 Employment Law Update

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Thomas E. Berry, Jr.
Bryan P. Cavanaugh
Stacie A. Owens

A Guarantee of "Free Choice" or "No Choice"
Congress Seeks to Require Interest Arbitration
Does a Union Have a Right to Use an Employer E-Mail System?
Supreme Court to Clarify Home Healthcare Overtime Exemption
Court Rejects Employer Release Agreement
Congress Contemplates Prohibiting http://spvg.com/cmss/skins/captiva/images/updateOn.gif Update/Save Current ItemGenetic Discrimination
Congress Considers Prohibiting Sexual Orientation Discrimination

April 2007 Employment Law Update

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Thomas E. Berry, Jr.
Bryan P. Cavanaugh
Stacie A. Owens

Missouri Legislative Update - Anti-Hostile Work Environment Bill; Sexual Orientation Protection; Whistleblower Protections; Employing Illegal Aliens
Bill Introduced To Enact Illinois Family and Medical Leave Act
Illinois Employer violates FMLA by forcing employee to use sick and vacation time while she was receiving disability benefits EEOC issues new guidelines for disabled health care workers

March-April 2007 Employment Law Newsletter

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Thomas E. Berry, Jr.
Bryan P. Cavanaugh
John S. Sandberg
Anthony J. Soukenik

Employer must base reduction in force on reasonable criteria
Court upholds workplace restrictions on religious expression
Prorating FMLA leave
Hostile work environment found

The Missouri Bar Courts Bulletin for March 7, 2007 contains case summaries prepared by Thomas E. Berry, Jr. and Bryan P. Cavanaugh

Declining offer to submit resume for potential employment does not constitute the rejection of an offer of suitable work precluding receipt of unemployment benefits. Mary Garas, Appellant v. Kelly Services, Inc. and Division of Employment Security, Respondents, No. 88333 (Mo. App.  E.D., January 9, 2007), Dowd, Jr., J. For the complete summary visit http://www.mobar.org/mobarforms/courtsDetail.aspxitem=849

$19.7 million dollar verdict reversed arising from the termination of independent contractor. Joseph J. Kelly, et al. Respondents v. State Farm Mutual Automobile Insurance Co., et al., Appellants, No. 66408 (Mo. App. W.D., January 23, 2007), Ellis, J. For the complete summary visit http://www.mobar.org/mobarforms/courtsDetail.aspx?item=849

“Misconduct connected with work” includes reckless conduct. Kelvin Peoples, Appellant v. ESI Mail Pharmacy Services, Inc. & Division of  Employment Security, Respondents, No. 87565 (Mo. App. E.D., February 6, 2007), Richter, P.J. For the complete summary visit http://www.mobar.org/mobarforms/courtsDetail.aspx?item=849

Quit or fired? The Missouri Court of Appeals is bound by the Labor and Industrial Relations Commission's factual determinations. David Cotton, Jr., Claimant/Appellant v. Flik International Corp., Employer, and Division of Employment Security, Respondents, No. 88302 (Mo. App. E.D., January 30, 2007), Crane, J. For the complete summary visit http://www.mobar.org/mobarforms/courtsDetail.aspx?item=849

Summary judgment reversed because there was a dispute whether plaintiff had actually been promoted. William Muehlheausler, Appellant v. City of St. Louis, Missouri, Respondent, No. 87998 (Mo. App. E.D., January 9, 2007), Peebles, J. For the complete summary visit http://www.mobar.org/mobarforms/courtsDetail.aspx?item=849

The Missouri Bar Courts Bulletin for February 7, 2007 contains a case summary prepared by Thomas E. Berry, Jr.

Former employer is entitled to recover damages for breach of contract and fraudulent misrepresentation when former employee copied and retained company records from a company-owned computer. Jury properly awarded actual, compensatory and punitive damages. Martha's Hands, LLC, Respondent/Cross-Appellant v. Gregory Starrs, Appellant/Cross-Respondent, No. 85638 (Mo. App. E.D., December 12, 2006), Shaw, J. For the complete summary, visit: http://www.mobar.org/mobarforms/courtsDetail.aspx?item=837

January-February 2007 Employment Law Newsletter

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Thomas E. Berry, Jr.
Bryan P. Cavanaugh
John S. Sandberg
Anthony J. Soukenik

Court Refuses to Dismiss White Male's Discrimination Suit
Epileptic Heavy-Equipment Operator Entitled to Trial on ADA Claim
When Different Treatment is Justified
Can Circumstantial Evidence Sustain a Retaliation Suit?

January 2007 Banking Law Update

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Michael W. Forster

Record Retention
Tax Credit Financing
Mailing Account Statements to the Right Place
Setoff v. Security Interest

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	2007 Publications December 2007 Employment Law Newsletter View >> Thomas E. Berry, Jr. Bryan P. Cavanaug Stacie A. Owens - Minimum Wage Increases for 2008 - Illinois Nurse Staffing by Patient Acuity Act - Smoke Free Illinois Act Effective - Like a Fine Wine? USCIS Announces a New I-9 Form - Christmas Comes Early! OSHA Requires Employers to Pay for Personal Protective Equipment - Missouri Court Rejects Harassment Claim! Boorish and Vulgar Behavior Not Unlawful - Illinois Court Holds Harassment Complaint Procedures Must be Customized for Employees - Court Rejects ERISA Claims for 401(k) Investment Losses November 2007 Employment Law Newsletter More >> Thomas E. Berry, Jr. Bryan P. Cavanaugh Stacie A. Owens John S. Sandberg Anthony J. Soukenik -- Stray Dog Distress = FMLA? -- Effective Harassment Policy Insulates Employer -- Eighth Circuit Sets High Standard for Summary Judgment in Military Leave Claims -- New Illinois Law Targets Employers That Utilize Independent Contractor -- Court Grants Preliminary Injunction Against SSA No-Match Regulation -- Illinois Attempts to Curtail Employer Utilization of Basic Pilot Employment Eligibility Verification System -- Justice Department Files Suit to Block Enforcement of Illinois Pro-hibition on Use of Work-Eligibility Verification Program -- Supreme Court Agrees to Review Decision that 401(k) Participant Cannot Recover Losses October 2007 Banking Law Update View >> Michael W. Forster -- Loan participations -- Paying checks drawn on the account of a deceased or incompetent customer -- Title date down letters January 2007 Employment Law Update View >> Bryan P. Cavanaugh Stacie A. Owens Missouri's New Overtime and Minimum Wage Law New FMLA Regulations in Process Sept-Oct 2007 Employment Law Newsletter View >> Thomas E. Berry, Jr. Bryan P. Cavanaugh Stacie A. Owens John S. Sandberg Anthony J. Soukenik -- Were age-related remarks "stray" or evidence of age discrimination? -- Different-decision-maker exception rescues sex-discrimination suit -- Don't leave your company open to disability discrimination -- Pretext key in retaliation case July-August 2007 Employment Law Newsletter View >> Thomas E. Berry, Jr. Bryan P. Cavanaugh Stacie A. Owens John S. Sandberg Anthony J. Soukenik Be wary when using tests to screen job applicants Sexual harassment not limited to male against female Adverse employment action and close proximity key in retaliation case Court clarifies employees' FMLA rights July 2007 Banking Law Update View >> Michael W. Forster Take A Security Interest In Accounts Keep Sending Notices To Chapter 13 Borrowers Handling Husband And Wife Accounts In Missouri Reminders About Powers Of Attorney June 2007 Illinois Health Law Update View >> Reona J. Daly Jennifer Miller-Louw Kathleen L. Pine Governor Signs Amendment to Allow Recovery for Grief Under Wrongful Death Act Plaintiffs Limited to Recovering Medical Bills Paid by Medicare/ Medicaid Forum Non Conveniens: Illinois Supreme Court Takes a Step Back No Relation Back Means Statute of Limitations Bars the Plaintiff's Claim June 2007 Employment Law Update View >> Thomas E. Berry, Jr. Bryan P. Cavanaugh Stacie A. Owens Supreme Court Reaffirms Home-Healthcare Overtime Exemption Federal Minimum Wage Increases EEOC Issues Guidance on "Family Responsibility Discrimination" Missouri Supreme Court Changes Duties of Public Employers and Employees in Collective Bargaining EEOC Cracks Down on Discriminatory Hiring Practices U.S. Supreme Court Limits Timeframe for Filing EEOC Claims of Discriminatory Wages Selection of Most Qualified Applicant Does Not Violate ADA Shift Rotation is an Essential Job Function May-June 2007 Employment Law Newsletter View >> Thomas E. Berry, Jr. Bryan P. Cavanaugh Stacie A. Owens John S. Sandberg Anthony J. Soukenik Be wary when dealing with perceived disabilities No age discrimination when replacement not substantially younger Employer's failure to act on a complaint leads to Title VII liability Is closeness in time enough to establish retaliation? May 2007 Employment Law Update View >> Thomas E. Berry, Jr. Bryan P. Cavanaugh Stacie A. Owens A Guarantee of "Free Choice" or "No Choice" Congress Seeks to Require Interest Arbitration Does a Union Have a Right to Use an Employer E-Mail System? Supreme Court to Clarify Home Healthcare Overtime Exemption Court Rejects Employer Release Agreement Congress Contemplates Prohibiting http://spvg.com/cmss/skins/captiva/images/updateOn.gif Update/Save Current ItemGenetic Discrimination Congress Considers Prohibiting Sexual Orientation Discrimination April 2007 Employment Law Update View >> Thomas E. Berry, Jr. Bryan P. Cavanaugh Stacie A. Owens Missouri Legislative Update - Anti-Hostile Work Environment Bill; Sexual Orientation Protection; Whistleblower Protections; Employing Illegal Aliens Bill Introduced To Enact Illinois Family and Medical Leave Act Illinois Employer violates FMLA by forcing employee to use sick and vacation time while she was receiving disability benefits EEOC issues new guidelines for disabled health care workers March-April 2007 Employment Law Newsletter View >> Thomas E. Berry, Jr. Bryan P. Cavanaugh John S. Sandberg Anthony J. Soukenik Employer must base reduction in force on reasonable criteria Court upholds workplace restrictions on religious expression Prorating FMLA leave Hostile work environment found The Missouri Bar Courts Bulletin for March 7, 2007 contains case summaries prepared by Thomas E. Berry, Jr. and Bryan P. Cavanaugh Declining offer to submit resume for potential employment does not constitute the rejection of an offer of suitable work precluding receipt of unemployment benefits. Mary Garas, Appellant v. Kelly Services, Inc. and Division of Employment Security, Respondents, No. 88333 (Mo. App. E.D., January 9, 2007), Dowd, Jr., J. For the complete summary visit http://www.mobar.org/mobarforms/courtsDetail.aspxitem=849 $19.7 million dollar verdict reversed arising from the termination of independent contractor. Joseph J. Kelly, et al. Respondents v. State Farm Mutual Automobile Insurance Co., et al., Appellants, No. 66408 (Mo. App. W.D., January 23, 2007), Ellis, J. For the complete summary visit http://www.mobar.org/mobarforms/courtsDetail.aspx?item=849 “Misconduct connected with work” includes reckless conduct. Kelvin Peoples, Appellant v. ESI Mail Pharmacy Services, Inc. & Division of Employment Security, Respondents, No. 87565 (Mo. App. E.D., February 6, 2007), Richter, P.J. For the complete summary visit http://www.mobar.org/mobarforms/courtsDetail.aspx?item=849 Quit or fired? The Missouri Court of Appeals is bound by the Labor and Industrial Relations Commission's factual determinations. David Cotton, Jr., Claimant/Appellant v. Flik International Corp., Employer, and Division of Employment Security, Respondents, No. 88302 (Mo. App. E.D., January 30, 2007), Crane, J. For the complete summary visit http://www.mobar.org/mobarforms/courtsDetail.aspx?item=849 Summary judgment reversed because there was a dispute whether plaintiff had actually been promoted. William Muehlheausler, Appellant v. City of St. Louis, Missouri, Respondent, No. 87998 (Mo. App. E.D., January 9, 2007), Peebles, J. For the complete summary visit http://www.mobar.org/mobarforms/courtsDetail.aspx?item=849 The Missouri Bar Courts Bulletin for February 7, 2007 contains a case summary prepared by Thomas E. Berry, Jr. Former employer is entitled to recover damages for breach of contract and fraudulent misrepresentation when former employee copied and retained company records from a company-owned computer. Jury properly awarded actual, compensatory and punitive damages. Martha's Hands, LLC, Respondent/Cross-Appellant v. Gregory Starrs, Appellant/Cross-Respondent, No. 85638 (Mo. App. E.D., December 12, 2006), Shaw, J. For the complete summary, visit: http://www.mobar.org/mobarforms/courtsDetail.aspx?item=837 January-February 2007 Employment Law Newsletter View >> Thomas E. Berry, Jr. Bryan P. Cavanaugh John S. Sandberg Anthony J. Soukenik Court Refuses to Dismiss White Male's Discrimination Suit Epileptic Heavy-Equipment Operator Entitled to Trial on ADA Claim When Different Treatment is Justified Can Circumstantial Evidence Sustain a Retaliation Suit? January 2007 Banking Law Update View >> Michael W. Forster Record Retention Tax Credit Financing Mailing Account Statements to the Right Place Setoff v. Security Interest Successes Event List Publications View 2011 Publications View 2010 Publications View 2009 Publications View 2008 Publications View 2006 Publications
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