The Missouri Bar
Publications

Labor/Employment Law

CCS SS HCS HB 1549, 1771, 1395 & 2366 — Illegal Aliens and Immigration Status Verification. (See Immigration Law)

HB 1710 — Police and Civilian Employees’ Retirement System of Kansas City. (See Local Government Law)

SCS HCS HB 1883 — Employment Practices. Changes laws regarding employment practices. In its main provisions, the bill:

Prohibits employers from requiring employees to have personal identification microchip technology implanted in their bodies. Any employer who violates this provision will be guilty of a class A misdemeanor;

Specifies that in applying the provisions of the Workers’ Compensation Law it is the intent of the legislature to reject and abrogate Schoemehl v. Treasurer of the State of Missouri, 217 S.W.3d 900 (Mo. banc 2007) and all cases interpreting, applying, or following this case and reaffirms that the right for compensation for the permanent total disability of an injured employee terminates on the date of the injured employee’s death;

Re-enacts federal overtime standards 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; and

Prohibits public and private employers from terminating an employee for being activated to a national disaster response by the Federal Emergency Management Agency (FEMA) or for being absent from or late to work due to his or her volunteer emergency service. If an employee is absent from or late to work due to his or her service with FEMA, the employee may lose pay and may be required to provide a written verification from his or her supervisor as to the time and date of the emergency. The member must make a reasonable effort to notify his or her employer that he or she may be absent from or late to work due to an emergency.

Contains an emergency clause for the provisions regarding the Workers’ Compensation Law. (Signed 6/26/08)

SCS HCS HB 2041 — Employment. Changes law regarding employment.

Disclosure of Confidential Information. The Division of Employment Security within the Department of Labor and Industrial Relations may disclose confidential information obtained from any employing unit or individual regarding employment records required by the division in the administration of the Missouri Employment Security Law to a state or federal official or agency as required by law. It will be at the division’s discretion for any other party to receive disclosures as authorized by state or federal law.

Any person who intentionally discloses or otherwise fails to protect confidential information in violation of these provisions will be guilty of a class D felony.

Unemployment Claims Qualification Requirements. Individuals are required to make an unemployment claim within 14 days from the last day of the week being claimed and report to an employment office to participate in a reemployment assessment and reemployment services in order to qualify for unemployment benefits unless these requirements are waived for good cause.

Prohibited Employment Practices. Employers are prohibited from requiring an employee to have a personal identification microchip technology implanted.

An employer in violation of this provision will be guilty of a class A misdemeanor.

War On Terror Veterans Unemployment Compensation. A Missouri resident who is a member of a United States armed forces reserve unit or the National Guard located outside Missouri can qualify as a war on terror veteran for the purpose of receiving veteran’s unemployment benefits.

Any overpayment of benefits will be recovered through billing, setoffs against tax refunds, intercepts of lottery winnings, and certain other recovery procedures authorized under Missouri law.

Division of Employment Security. The Division of Employment Security is exempt from notifying contributing base period employers of an initial claim if the employer paid the worker $400 or less in the worker’s base period.

The division is allowed to deliver notices electronically if requested by an employer or claimant.

An employer is considered an interested party in a separation issue if the claimant was separated from the employer during a claimed week.

Overtime Pay. Reenacts the federal overtime standards in place prior to passage of Proposition B (2006) including exemptions for firefighters, commissioned employees, and flex-time rates.

The bill becomes effective October 1, 2008. (Signed 6/25/08)

SB 980 — Police and Civilian Employees’ Retirement System of Kansas City. Requires members of the Police Retirement System of Kansas City and the Civilian Employees’ Retirement System of the Police Department of Kansas City to be in active service in order to be eligible for certain duty-related or nonduty-related disability retirement benefits. (Signed 6/17/08)

HCS SCS SB 1081 — Mental Health Care Providers and Services. (See Health/Hospital Law)

HCS SB 1140 — Duties of the Office of Administration. (See State Government Law)