LABOR LAW



HCS/SCS/SB 625 - Modifies provisions relating to the County Employees Retirement System and transfers of benefits between the Missouri State Employees’ Retirement System, the Missouri Department of Transportation and Highway Patrol Employer’s Retirement System.
 Specifies circumstances under which there will be a refund of employee contributions to MOSERS. (Signed 7/10/12)

HB 1039 - Allows retirees of the Missouri Local Government Employees’ Regiment System to have premiums for health insurance or long-term care deducted from their retirement allowance. (Signed 6/18/12)

SCS/HB 1112 - Permits a Missouri-domiciled insurance company to write or assume involuntary unemployment insurance in connection with group life insurance business as well as credit insurance business, but only to the extent that such business is written or assumed outside of the United States. (Signed 7/6/12)

HB 1131 - Requires the withholding form that is equivalent to the federal W-4 form to include the date services for remuneration were first performed by the employee. (Signed 7/5/12)

HB 1219 - Currently, under the Missouri Human Rights Act (MHRA), a practice is unlawful when the protected trait is a contributing factor in the decision to discriminate. This act changes that standard to a motivating factor standard except in adverse impact cases. In those cases, states shall follow federal anti-discrimination law.
 Currently, persons acting in the interest of employers are considered employers under the MHRA and are liable for discriminatory practices. This act modifies the definition of employer to exclude those individuals. The act similarly excludes individuals employed by employers, and tax exempt private membership clubs (that are not labor organizations) from the definition.
 Parties to a discrimination case under the MHRA may demand a jury trial.
 The court may award the plaintiff actual and punitive damages, and court costs and attorney’s fees to the prevailing party. Damages may include future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life and other non-pecuniary losses.
 Damages awarded for employment cases under the MHRA and whistleblower actions shall not exceed back pay, interest on back pay, other equitable relief, court costs, and fees of $50,000 and $50,000 for employers with between 5 and 100 employees, $100,000 for employers with between 100 and 200 employees, $200,000 for employers with between 200 and 500 employees, or $300,000 for employers with more than 500 employees. Punitive damages shall not be awarded against the state of Missouri or political subdivisions in MHRA cases except for in discriminatory housing practices cases. The damage caps shall not apply in housing cases.
 The act abrogates all Missouri case law relating to the public policy exceptions to the employment at-will doctrine. Employers are barred from discharging the following persons:
a person who reports an unlawful act of the employer or its agent to governmental or law enforcement agencies, officer, or the employee’s human resources representative employed by the employer;

a person who reports serious misconduct of the employer or its agent that violates a clear mandate of public policy as articulated in a constitutional provision, statute, regulation promulgated pursuant to statute, or a rule created by a governmental body;

a person who refuses to carry out a directive issued by an employer or its agent that, if completed, would be a violation of the law;

or a person who engages in conduct otherwise protected by statute or regulation.

 (Vetoed 3/16/12)

HB 1315 –Includes provisions under which certain employees who are or may become members of the United States Coast Guard or United States Coast Guard Auxiliary may be granted a leave of absence in connection with their official duties. Such employees cannot be discharged from employment or otherwise discriminated against due to being a member or their service in the United States Coast Guard Auxiliary. (See Military Law for a more complete summary of the provisions this bill). (Signed 7/6/12)

SS/HB 1318 -Modifies provisions relating to mental health facilities and social security numbers used to identify employees. Currently, no person or entity shall require an individual to use his or her Social Security number as an employee number. This act prohibits employers from using the last four digits of the employee’s Social Security number as an employee number.

Also includes provisions relating to:

DEPARTMENT OF MENTAL HEALTH EMPLOYMENT DISQUALIFICATION REGISTRY -

MAXIMUM AND INTERMEDIATE SECURITY MENTAL HEALTH FACILITIES - Provides that beginning July 1, 2013, no state employee, regardless of job classification, who is working in a maximum or intermediate security mental health facility or any portion of a mental health facility which has maximum or intermediate security shall be mandated to work more than twelve hours in any 24 hour period unless the Department of Mental Health declares an emergency workforce shortage.

NOTICE REGARDING THE RELEASE OF SEXUALLY VIOLENT PREDATORS - Provides that a petition for release of a sexually violent predator shall be served upon the prosecutor of the jurisdiction into which the committed person is to be released. (See Health & Hospital Law for summary of additional provisions of this act). (Signed 7/5/12)

HB 1900 – Includes changes to Employment Security Laws and Employee Disqualification List. (See Local Government Law). (Vetoed 6/20/12)

Index of Bills by Subject Matter

Key
  • CCS - Conference Committee Substitute
  • HB - House Bill
  • HCS - House Committee Substitute
  • HS - House Substitute
  • HJR - House Joint Resolution
  • SB - Senate Bill
  • SCS - Senate Committee Substitute
  • SS - Senate Substitute
  • SJR - Senate Joint Resolution
  • * - Missouri Bar Committee-Drafted Legislation
 

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