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Employer Law Blog

We address issues, cases and matters of statutory and regulatory compliance of employment law that can impact a business' growth and profitability.

Employer Law Blog
July 15, 2015

Employer Alert: OSHA Speaks Out on Transgender Bathroom Guidelines

On June 1, 2015, The Occupational Safety and Health Administration (OSHA) released “A Guide to Restroom Access for Transgender Workers”. Under current federal law, employers are required to provide all employees reasonable access to restroom facilities. Now under OSHA’s “model practices” for employers to follow when providing access to restrooms by transgender employees, including:

Employer Law Blog
May 6, 2015

Employer Alert: Check Your Non-Compete Agreements—- Are They Assignable?

Timm Schowalter

Recently, the United States District Court for the Western District of Missouri addressed whether non-compete agreements are automatically assignable in an asset purchase. The court found the agreements to be unenforceable on account of the employees who signed them had not contemporaneously assented to their assignment when their employer sold its assets to another company. Symphony Diagnostic Services No. 1, Inc. d/b/a MobileXUSA v. Greenbaum, No. 13-4196 (W.D. Mo. March 16, 2015). In MobileXUSA, the determinative fact was the agreements did not have an assignment clause allowing an employer to freely assign the agreements to a subsequent company.

Employer Law Blog
January 18, 2015

Minimum Wage Increases Sweeping The Country In 2015

While the federal minimum wage remains unchanged at $7.55 per hour, both “red” and “blue” states continue to increase the required minimum wage rate under state law above the federal minimum wage rate on an increasing basis. As we previously reported, the minimum wage for Missouri employers increased on January 1, 2015 to $7.65 per hour. While there were efforts by the Illinois legislation to increase the state minimum wage rate to over $10.00 per hour in 2015, it was unable to pass both houses.

Employer Law Blog
December 15, 2014

EMPLOYER ALERT- NLRB Extends Employees’ Right to Engage in Protected and Concerted Activity to Employer’s E-mail Systems

The National Labor Relations Board in its continued effort to assist labor unions and employee unionization efforts has provided employees with an effective organizing tool—their employer’s own email systems. In 2007, the NLRB in Register Guard held “employees can have no statutory right to use their employer's email systems for Section 7 purposes.