Employer Law Blog

On July 14, 2014, the Equal Employment Opportunity Commission ("EEOC") issued Enforcement Guidance on Pregnancy Discrimination, which marks the first comprehensive update in over three decades. In the Enforcement Guidance, the EEOC forewarns that it will be much easier to demonstrate that pregnancy-related impairments are "disabilities" under the Americans with Disabilities Act ("ADA"). This change will expand employees’ rights under the Pregnancy Discrimination Act ("PDA") and require employers to make a reasonable accommodation to pregnant employees.

Effective January 1, 2015, the new Illinois Job Opportunities for Qualified Applicants Act takes effect. The Act, signed by Governor Quinn on July 18, 2014, prohibits private employers with 15 or more employees from inquiring about or into, considering or requiring disclosure of criminal record or criminal history of an applicant for employment until the applicant has been determined qualified for the position and notified that the applicant has been selected for an interview or if there is no interview until after a conditional offer of employment is made to the applicant. This law represents a significant change in how most employers check into criminal record or criminal history information of employment applicants.

Effective January 1, 2014, most employers in Missouri are now required to pay a minimum wage of $7.50 per hour, which is higher than the federal minimum wage of $7.25 per hour. The only exception to the Missouri minimum wage increase is for those retail or service employers who have annual gross sales of less than $500,000. Finally, tipped employees must receive a minimum of $3.75 per hour from their employer, who in turn must ensure that the employee receives sufficient tips to bring their total compensation to at least $7.50 per hour.