Holman Schiavone, LLC

January 2013 Archives

School pays $68K to settle dispute over wrongful termination

When an employee has to be absent from their employment, the absence generally has to be accounted for through accumulated employee leave or some other type of benefit such as FMLA. There are several reasons an employee would require a leave of absence from their employment, and a common reason is for maternity leave. When an employee uses justified leave, the Kansas or Missouri employer cannot hold the maternity time against the employee or a termination may be considered a wrongful termination based upon pregnancy discrimination.

Equal Pay Act turns 50, statistics show it may not have aged well

It was almost exactly 50 years ago that the Equal Pay Act of 1963 was enacted into federal law. The legislation was enacted with the aim of eliminating the large wage gap that existed between male and female earners. On its half-century anniversary the effect that the legislation has had on closing that gap has received a bit of criticism.

Will Missouri's employee discrimination law change in 2014?

When employee discrimination issues become news, the discussion typically focuses on the discriminatory actions that happened to an individual employee. While many employee discrimination cases in Missouri and Kansas relate to discriminatory actions in relation to an individual employee, the ramifications of employee discrimination are large issues that can affect many employees and also represent social issues and changing attitudes.

40 million Americans don't have paid sick leave

A lot of employees in Kansas City have a limited amount of sick time available to them for when they catch the common cold or wake up with the flu. During flu season this time doesn't always cover every single day that they are sick, but it at least provides them with some wiggle room to determine whether they are too sick to go to work and save their co-workers from exposure.

Lawsuit claims mandate requiring vaccination violates due process

A huge number of employment law claims in Kansas and Missouri -- or any other state for that matter -- are brought based on allegations that a co-worker, supervisor or business owner has committed an action or failed to correct an action against an employee that violates state or federal law. The truth is that there are times in which the law itself is the problem.

2012 class action rulings changing labor's legal landscape

In our Employment Law blog, we've talked in the past about seeking help when something just doesn't feel right in the workplace. Some people are tentative about seeking counsel when they aren't sure that they have a claim, but are often surprised when they learn that the law really does provide protection. It is the legal representatives they talk to that change what they know about the law, but that isn't the only things that changes.

Probate court faces live claims of racial discrimination

When an employee is at his or her workplace in Kansas or Missouri, the employee can and often does work closely with colleagues and management. When colleagues and co-workers are required to work together, the working relationship is expected to be courteous and professional. Unfortunately, not all working relationships are positive and may involve employee discrimination against one or more individuals.

Vehicle camera tech measure should be acted upon: Part II

Earlier this week, we began a discussion about a measure passed by Congress in 2008 that has yet to be acted on by the Department of Transportation (DOT). The measure has been designed to prevent specific kinds of car accidents involving accidental back-overs of children, animals and pedestrians. Congress gave the DOT until February of 2011 to issue guidelines to auto manufacturers that would require them to improve rear visibility in new passenger vehicle models.

Alcoholism a disease under the ADA, man claims labor violations

Can drinking on the job lead to a wrongful termination? In Kansas, if an employee is consuming alcohol during the employee's shift, the employee may be subject to discipline or even termination under policies that they signed. In a non-traditional situation, an employee who was consuming alcohol during work hours may have a cause of action against his or her employer for disability discrimination due to the disease of alcoholism.

Vehicle camera tech measure should be acted upon: Part I

Small children have a talent for finding their way into places they do not exactly belong. As any parent of a toddler or former toddler knows, you can turn your back for an instant and suddenly your child is sitting on top of the kitchen table. Or you are searching for their socks and suddenly your child has climbed up the staircase you swore you had roped off with a baby gate. Or you are backing out of the driveway and suddenly realize that your child is behind your vehicle.

Teen harassment could lead to lower skill development, self-blame

In our prior post we talked about the numerical side of a recent research study that looked into sexual harassment and teenagers in the workplace. What the researchers found was shocking: 54 percent of teenage females and 37 percent of males who participated in the study experienced an incident of sexual harassment in only two years.