Labor & Employment Law

HB 37 / HB 461 / HB 807 – Credit history in hiring. Prohibits an employer from using a job applicant’s personal credit history as a hiring criteria, with some exceptions.

HB 136 / HB 238 / SB 27 – Unemployment benefits for military spouses. (See Military Law)

HB 205 / SB 188 – Missouri Human Rights Act and employment discrimination. Modifies the law relating to the Missouri Human Rights Act and employment discrimination; changes the “contributing factor” standard in MHRA cases to a “motivating factor” standard; modifies the definition of “employers” to exclude persons acting in the interest of employers, the United States Government or companies owned by it, individuals employed by employers, Indian tribes, private clubs, and certain departments or agencies of the District of Columbia; sets caps on damages in MHRA employment cases; abrogates all case law relating to public policy exceptions to the employment at will doctrine.

Oppose § 213.101.2, .4, and .6

HB 219 – Background checks for school employees. (See Education Law)

HB 275 / HB 715 / SB 1/  SB 109 / SB 197 / SB 206 – Labor organizations. Specifies certain employee rights as they relate to labor organizations; specifying that no person, as a condition of employment, shall be required to join or refrain from joining a labor organization, pay dues to a labor organization, or pay to any charity or third party any amounts in lieu of dues; states that any agreement in violation of this section is null and void, and that any violation of the section is a class C misdemeanor.

HB 320 / SB 176 – Prevailing wage. Changes the laws regarding Missouri’s prevailing wage as it relates to public works construction; revises certain definitions in the section; removes the requirement that contributions by contractors or subcontractors be made to a trustee, and requires that the contributions be to a program to qualify as part of the prevailing wage calculation; specifies that the prevailing hourly wage shall be the median hourly estimated wage as published by the Bureau of Labor Statistics; prevents the department from initiating an action against an employer if the employer pays back wages prior to the initiation of an enforcement action for a penalty; removes the provision allowing the prevailing wage from be adjusted due to fluctuations in wages in a collective bargaining agreement; removes the term of imprisonment for up to 6 months for a prevailing wage violation.

HB 466 / SB 202 – Payroll deductions for political contributions through an employer or labor organization. Allows an employer or labor organization to obtain political contributions through a payroll deduction only if the employee or member consents to the contribution in writing

HB 477 – MCHR and discrimination based on sexual orientation. Changes the laws regarding complaints filed with the Missouri Commission on Human Rights and makes discrimination based upon a person’s sexual orientation an unlawful discriminatory practice; revises the definition of discrimination to include sexual orientation; provides that it is unfair treatment based on assumption or presumption of race, color, religion, national origin, sex, sexual orientation, ancestry, disability or age as it relates to employment or familial status as it relates to housing, whether or not those presumptions are correct.

HB 492 – Labor organizations. Requires written authorization by a public employee before a labor union can withhold any dues, fees, or political contribution from the employee’s paycheck; allows the employee to indicate which political committee he or she wants to receive the contribution.

HB 703 – Public employee labor organizations. Allows employees of any public body to form and join labor organizations to collectively bargain regarding salaries and other conditions of employment.

SB 102 – Child work certificates. Specifies that work certificates will permit the employment of children fourteen or fifteen years of age.

SB 103 – Non-disclosure of employee usernames/passwords. (See Technology & Computer Law)

SB 110 – Minimum wage. Prohibits the state minimum wage from exceeding the federal minimum wage.

SB 175 – Organized labor in public contracts. Modifies restrictions on the use of organized labor on public contract projects; extends the bar on contracts for public construction from containing provisions that require or prohibit the parties from entering into agreements with labor unions or discriminating against parties from doing so to all contracts funded in any amount by public funds.

SB 222 – Child labor. Modifies the child labor laws; eliminates the prohibition on employment of children under the age of 14; removes restrictions on hours and times children may work; repeals the requirement that children ages 15 and 16 obtain a work certificate or permit to be employed; removes the authority of the Division of Labor Standards to inspect employers who employ children; repeals the presumption that the presence of a child in a workplace is evidence of employment.

Latest Journal of the Missouri Bar

Journal CoverVol. 70, No. 4
July - August 2014

  • Whiskey-Laced Chewing Tobacco, Belching, and Vomiting: The 15-Minute Observation Period After White v. Director of Revenue
  • Wrongful Death's Common Law Antecedents in Missouri
  • Comments by Governor Charles P. Johnston on the Practice of Law in the City of St. Louis in the 1850s

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The Journal of The Missouri Bar assists members of The Missouri Bar in keeping abreast of changes in legal developments and in meeting their professional obligations. The Journal welcomes submission of articles relating to any legal topic of interest to Missouri lawyers. Criteria for publication include the quality of the article, its substantive value, its general interest to Missouri lawyers and the originality of its subject matter. Articles of a historical nature, articles which relate to cases pending before any court or agency and articles previously published in whole or substantial part will not be accepted for publication. Consistent with the Journal's format, the language of submissions should be gender-neutral. Articles must conform to the Instructions for Authors and Conventions for Citations adopted by the Journal.

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