Labor & Employment Law

SB 16 – Exempts farm work performed by children under the age of 16 from certain child labor requirements. (See Agriculture & Animal Law)  

CCS/HCS/SB 23 – Includes provisions relating to the Public School Retirement System of Kansas City. Qualifications for system membership are modified. (See also Local Government Law)  

SS/SB 28 – Redefines “misconduct” for which an employee may be disqualified from unemployment benefits. Currently, misconduct includes a wanton or willful disregard of the employer’s interest and a disregard of standards of behavior the employer has the right to respect. The act changes that standard to a knowing disregard of that interest and a knowing violation of the standards the employer expects. Currently, an intentional and substantial disregard of the employer’s interest or of the employer’s duties and obligations to the employer also qualifies as misconduct. The act changes that standard to a knowing disregard of such interests, duties and obligations. Currently, a deliberate violation of the employer’s rules constitutes misconduct. Under the act, a violation of an employer’s rule is misconduct unless the employee demonstrates that he or she did not know and could not reasonably know the requirement or the rule is unlawful.  

Misconduct also includes a violation of a no–call, no–show policy, chronic absenteeism, tardiness, unapproved absences following a written warning, and a knowing violation of a state standard or regulation of an employee of a licensed employer which would cause the employer to be sanctioned.  

The misconduct standard shall apply when the conduct is reasonably related to the job environment and the job performance and irrespective of whether it occurs at the workplace or during work hours.  

Currently, employees are disqualified from benefits if they voluntarily leave work without good cause. The act defines “good cause” as that which would compel a reasonable employee to cease working or which would require separation from work due to illness or disability. (Vetoed 7/2/13)

SS/SCS/SB 29 – Allows public employee labor unions to withhold fees from public employee paychecks only upon the annual written consent of the employee. Also requires the public employee’s annual consent for public employee labor unions to use fees and dues for political purposes. First responders are exempted from the new provisions. (Vetoed 6/25/13)  

CCS/HCS/SS/SB 34 – Requires the Division of Workers’ Compensation to develop and maintain a workers’ compensation claims database that is accessible to potential employers during a pre–hire period and searchable by an employee’s name and social security number. (See Insurance Law) (Vetoed 7/2/13)  

CCS/HCS/SB 127 – Modifies provisions relating to public assistance benefits.  

Reauthorizes the Ticket–to–Work program until 2019. Currently the program is set to expire on August 28, 2013.  

Provides that any employer or vendor of hospice, home health, long–term care, consumer–directed or in–home care services required to deny employment to an applicant or discharge an employee as a result of information obtained through a portion of the background screening and employment eligibility determination process required under the Family Care Safety Registry provisions shall not be liable in any action brought by the applicant or employee relating to discharge where the employer is required by law to terminate the employee, provisional or otherwise.  

Such employer or vendor shall also not be charged for unemployment insurance benefits based on wages paid to the employee or based on an employer making payments in lieu of contributions for work prior to the date of discharge, if the employer terminated the employee because the employee:  

 (1) Has pled guilty to or nolo contendere or been found guilty in this state or any other state of a crime, which if commit-ted in Missouri would be a class A or B felony violation of certain specified crimes such as offenses against the persons, sexual offenses and robbery or     burglary offenses;  

 (2) Was placed on the employee disqualification list maintained by the Department of Health and Senior Services, after the date of hire;  

 (3) Was placed on the employee disqualification list maintained by the Department of Mental Health, after the date of hire;  

 (4) Is listed on any of the background check lists in the Family Care Safety Registry; or  

 (5) Has a disqualifying finding or was denied a good cause waiver under the employee disqualification list maintained by the Department of Health and Senior Services. (Signed 7/8/13)  

SB 197 – It shall be a Class B misdemeanor for any individual knowingly infected with active pulmonary or laryngeal TB to expose another person without that person’s consent or report to work with active contagious TB and without following the prescribed treatment or by violating the requirements of a commitment order. If a victim contracts TB, it shall be a Class A misdemeanor.  

All employees and volunteers of a health care facility shall be tested for TB upon employment as recommended by the most recent federal guidelines from the Centers for Disease Control and Prevention. (Signed 6/12/13)  

SB 216 – Political subdivisions cannot prohibit first responders from engaging in political activity while off duty and not in uniform or being a candidate for or holding a public office unless the activity or candidacy is otherwise prohibited by law. (See summary under Local Government, infra). (Signed 6/28/13)  

HCS/SCS/SB 229 – Makes changes in laws the govern an employee in a mental health facility is disqualified from holding a direct care position. (See Health and Hospital Law)  

SS#2/HB 34 – Modifies provisions relating to the prevailing wage.  

SS#2/SCS/HB 116 – Modifies provisions relating to state audits of any public employee retirement or health care system. (See also State Government & Elections Law)  

SCS/HB 196 – Removes the in person requirement for claimants reporting to an office of the Division of Employment Security. Claimants will be allowed to report by internet or other means as determined by the Division. The act also removes the reporting requirement for claimants residing in a county with unemployment of 10% or more and a county seat at least 40 miles from the closest Division office.  

There is emergency clause for these provisions.  

Establishes the Missouri Works Job Training Program which combines several existing job training programs and modifies the eligibility requirements for the programs. The Missouri Works Job Training Program provides financial assistance for job training for new jobs created by qualified companies. Financial assistance will also be available to business and technology centers established by Missouri community colleges, or state–owned postsecondary technical colleges, to provide business and training services for growth industries as determined by labor market conditions, rather than for specified disciplines.  

Also provides for the diversion of withholding taxes from new or retained jobs of qualified companies to pay costs incurred by new or retained jobs training projects administered by community and technical colleges.  

The provisions of the Missouri Works Job Training Program will automatically sunset July 1, 2019, unless reauthorized. (Signed 7/11/13)  

SCS/HCS/HB 233 – Modifies provisions of the retirement system for state officers and employees.  

SS/HB 253 – Includes provisions relating to employer income tax withholding. (See also Taxation Law)  

CCS/SS/SCS/HB 307
– Modifies provisions relating to first responder political restrictions and removal of police chiefs. (See also Local Government Law)  

CCS/SS/HB 336 – Under this act, political subdivisions cannot prohibit first responders from engaging in political activity while off duty and not in uniform or being a candidate for or holding a public office unless the activity or candidacy is otherwise prohibited by law. Also includes provisions increasing Kansas City police salaries and changes provisions relating to retirement of St. Louis police due to disability. (See summary of SB 216 under Local Government Law, infra.) (Signed 6/27/13)  

CS/HCS/HB 505 – Modifies provisions relating to child abuse and neglect. Includes provisions relating to reports to Children's Division by school personnel, charter school policies on information about former employees, policies on employee-student communication and mandatory reporting. These provisions contain an emergency clause. (See Family and Juvenile Law). (Signed 7/9/13)  

SCS/HB 533 – The state may not prohibit a state employee from having a firearm in his or her vehicle on state property as long as the vehicle is locked, the firearm is not visible, and the employee is conducting activities within the scope of his or her employment. (Signed 7/5/13)  

SCS/HCS/HB 611 – Under current law, employers are required to have each newly hired employee to fill out a federal W–4 form. Act defines a “newly hired employee” as one who has not been previously employed by the employer or was previously employed but separated from employment for at least 60 days.  

Redefines “misconduct” for which an employee may be disqualified from unemployment benefits. See summary of similar provisions under SS/SB 28, supra.  

Allows an unemployment claimant to report on the internet or in person or to an unemployment office at least once every 4 weeks in order to be eligible for unemployment compensation.  

Employer’s unemployment accounts shall not be relieved of charges relating to payments that were erroneously made from the unemployment compensation fund if the payment was made because the employer failed to respond to the division and the employer has established a pattern of failing to respond. (Vetoed 7/2/13)  

SCS/HCS/HB 722 – Changes provisions relating to retirement of members of the Police Retirement System of St. Louis who become disabled from causes occurring within the performance of duties. (Signed 6/27/13)