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
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.
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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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Journal Contact Information:
Journal of The Missouri Bar
326 Monroe Street
PO Box 119
Jefferson City, MO 65102-0119
Gary Toohey, Editor | (573) 638-2222
Cynthia Heerboth, Assistant Editor | (573) 638-2229