Labor/Employment Law
HB 1346 – Missouri Taxpayer and Citizen Protection Act. (See Immigration Law)
HB 1381 – Employment of unauthorized aliens. Prohibits business entities from employing, recruiting, or hiring unauthorized aliens to perform work in Missouri. Requires all state employers and any business entity receiving a state contract or grant or using state resources to participate in the federal employment eligibility verification/basic pilot program which enables employers to electronically verify employment eligibility. Creates a rebuttable presumption that the business entity did not knowingly hire an unauthorized alien if a business entity participates in the federal program and is found to have hired unauthorized aliens.
HB 1424 (See also HB 1439, HB 1581, SB 782, and SB 1007) – Overtime standards. Reinstates federal standards for overtime wages in effect prior to the passage of Proposition B (2006) regarding the minimum wage increase, including the exemptions for firefighters, commissioned employees, and flex-time pay rate employees.
HB 1451 (See also HB 1820) – Judicial review of agency decisions. (See Administrative Law)
HB 1559 – Credit score or credit history and employment. Prohibits an employer from refusing to hire, discharging, reducing compensation, or modifying any condition of an individual’s employment based on the individual’s credit score or credit history, unless the credit information is directly related to the duties and performance of the employee or the overall operation of the employer’s business.
HB 1632 – Unlawful employment practices. Makes it an unlawful employment practice to subject an employee to an abusive work environment or to retaliate against an employee who opposes that type of environment.
HB 1650 – Unemployment compensation. Allows a small business to pay unemployment compensation either directly to a claimant to preclude increases in unemployment insurance or pay a claimant through its unemployment insurance. Defines a “small business” as a for-profit enterprise with fewer than 100 full or part-time employees.
HB 1736 – Missouri Illegal Immigration Relief Act. (See Immigration Law)
HB 1776 (See also SB 824 and SB 1019) – Discrimination. Defines “sexual orientation” and prohibits discrimination based upon a person’s sexual orientation. Clarifies that discrimination includes cases where unfair treatment results from a party’s assumptions regarding the victim’s race, color, religion, national origin, sex, sexual orientation, ancestry, or age as it relates to employment or disability or familial status as it relates to housing whether or not those assumptions are correct.
HB 1811 – Union membership as a condition of employment. Specifies that no person as a condition of employment be required to:
(1) Become or refrain from becoming a member of a union;
(2) Pay dues, fees, assessments, or other charges to labor organizations; or
(3) Pay to a third party any equivalent amounts in lieu of dues, fees, assessments, or other charges.
Specifies that any agreement between a labor organization and an employer that violates the rights of employees is null and void. A person violating any provision of the bill will be guilty of a Class C misdemeanor, and any person injured by a violation of the bill may recover all resulting damages and reasonable attorney fees. Exempts certain employers, employees, and agreements from the requirements of the bill.
HB 1816 – Health Care Whistleblower Protection Act. (See Health and Hospital Law)
HB 1858 – Discrimination under the Missouri Human Rights Act. (See Tort Law)
HB 1872 – Protect Missouri Employee Paychecks from Politics Act. Prohibits employers from deducting payments from employees’ paychecks for political purposes without annual written permission from the employees.
HB 1945 – Electronic withholding of child support payments. (See Family/Juvenile Law)
SB 742 – Equal employment practices. Prohibits employers from paying any employee lower wages than those paid to employees of the opposite gender for the same work. Employees may bring a civil cause of action against employers who engage in such a discriminatory practice. Identifies certain factors that are not actionable including wage payment differentials based on merit systems, regional economic factors, factors that measure pay due to output, or other bona fide factors other than gender. Specifies that varying local market rates are not bona fide factors under the act. Prohibits employers from reducing wages to comply with this act or retaliate against employees that seek the legal protections from retaliation provided by this act. Allows employees to recover actual and compensatory damages if employers retaliate. Remedies for any unlawful gender-based pay practices include: actual and compensatory damages, injunction, and recovery of court costs and attorneys fees. Abolishes the six-month statute of limitations for filing an action for employer violations and requires that an action be brought within two years after the violation occurs or the date of reasonable discovery of such a violation. Establishes the Equal Pay Commission to study the causes and consequences of wage disparities. Imposes certain record-keeping and reporting requirements upon employers to document wage rates.
SB 837 – Public employee due process. (See Administrative Law)
SB 858 – Illegal immigrants. (See Immigration Law)
SB 866 – Wage requirements for employers. Prohibits an employer from receiving favorable tax treatment or loans from the state for 5 years when 25% or more of the employer’s workforce is paid under the federal poverty level as published yearly by the United States Department of Health and Human Services. Allows agencies authorizing tax treatment or the issuance of loans to waive this restriction for a first-time occurrence. Establishes an appeals process for findings of ineligibility.
SB 893 – Tax deduction for providing health insurance. Creates an income tax deduction for small businesses and farmers that provide health insurance coverage for employees.
SB 929 – Classification of employees. Prohibits employers from misclassifying employees as independent contractors.
SB 1046 – Employment-at-will doctrine. Codifies the employment-at-will doctrine. States that the employment-at-will doctrine shall not control when elements of a whistle-blower cause of action for wrongful discharge are established, or when elements of a refusal to commit an illegal act cause of action for wrongful discharge in violation of public policy are established.
SB 1060 – Teacher termination proceedings. (See Administrative Law)