Holman Schiavone, LLC

June 2013 Archives

Drunk driving accidents occur too often in Missouri

Not a week goes by where it is not reported that an accident occurs that may have been caused by an intoxicated driver. This type of reckless behavior has injured many Missouri residents, while also taking the lives of many others. Although these drunk driving accidents are entirely preventable if drivers take the proper measures to ensure that they do not get behind the wheel of a vehicle after having too much to drink, there are still numerous victims who suffer.

School held in contempt of court in wrongful termination suit

A Missouri public school system has been ordered to pay sanctions to its former superintendent after the school district failed to produce evidence in a wrongful termination suit and was ruled in contempt of court. The suit began in 2009 after the superintendent claimed he was forced to resign because he refused to provide false information in a separate legal issue involving the Missouri Public Schools Retirement System.

Report finds pregnant workers routinely denied accommodations

A new report finds that pregnant workers in Missouri and around the nation are routinely denied the basic accommodations they need to keep working during their pregnancies and often end up losing their jobs as a result. The study by the National Women's Law Center and worker advocate organization A Better Balance finds workplace discrimination against pregnant workers is especially prevalent in low-paying jobs. These are the jobs that tend to be more physically demanding, such as cashier positions that require workers to be on their feet up to 10 hours a day, and thus require a greater level of accommodation.

More employees are suing for overtime pay

More workers are taking their employers to court to get overtime pay. Recent cases include a police officer and a lawyer who each said they worked more than 40 hours without overtime pay. Nine candy company workers say their employer wrongly classified them as sales representatives to avoid paying overtime. Employment lawyers say more sue because they are becoming more aware of their employee rights.

Pre-employment medical exams can be a mine field

The Genetic Information Non-Discrimination Act, known as GINA, went into effect in 2009. Recently, the EEOC announced that it has filed and settled one suit and filed a class action lawsuit in another case. In both situations, it is claimed the companies engaged in employment discrimination by conducting illegal pre-employment medical exams. Missouri readers may be interested in this topic as GINA effects all 50 states.

Laws surrounding internships confusing for many businesses

Some businesses believe that the Department of Labor have made the employee rights surrounding internships complex enough that many companies may not want to take the risk, and Missouri students seeking internships may be finding them harder to come by. Internships are primarily meant as a method for students to gain valuable on-the-job training as well as an extra line on their resume. For businesses, an internship allows them to hire another employee at a lower cost. However, businesses that attempt to get too much labor out of interns at too low of a cost often find themselves in trouble.

Kansas City area motorcyclists creating dangerous traffic issues

In the best conditions motorcycle accidents are an all too common occurrence on roads throughout the Kansas City, Missouri area. Due to a variety of factors, drivers of automobiles may fail to see the smaller vehicles on the road. While all motor vehicle accidents have the potential to be result in serious injuries, those in which a car or truck goes up against a motorcycle more often result in an injury to the individual on the motorcycle. In the worst cases these motorcycle accidents result in death.

Small businesses approve legal protection for LGBT employees

There is no federal law at the present time that prohibits workplace discrimination against people who are gay, lesbian or transgender. Missouri is one of the 29 states that have no state law banning this type of discrimination in hiring or firing employees. The District of Columbia and 21 states have laws on their books that protect LGBT workers.

Discrimination complaint filed against Missouri station

A news anchor has filed a discrimination complaint against his former employer, a Missouri news station. The complaint was filed with the Missouri Commission on Human Rights and alleges that the news anchor suffered from workplace discrimination during the course of his employment with the station. His complaint states that after he pointed out discrepancies between his pay and the pay of his co-anchor he was treated differently at the station.

Chrysler issues recall of several SUVs

Cars are a vital piece of many people’s lives in the state of Missouri. Despite the fact that we rely so heavily upon them, they are not immune from defects. In fact, because cars are made up of so many components, there are many opportunities for things to go wrong. When businesses learn of a defective product it is possible that a recall will be issued. This was the case earlier this week with several SUVs sold by Chrysler.

In vitro fertilization discrimination case move toward trial

A teacher at a Catholic school claims she was fired from her job because she underwent in vitro fertilization. She has filed suit against the Diocese of Fort Wayne-South Bend for wrongful termination. Readers in Missouri may be interested in the issue because it's being tried in federal court, and the outcome could decide the constitutional balance between religious and reproductive rights.

Missouri woman accuses county commission of discrimination

A Missouri woman says that a county commission refused to appoint her to a position on the county's planning and zoning board because of her affiliation with a local environmental group. Although not a traditional employment discrimination case, the woman's claim illustrates how discrimination issues may arise outside the context of one's protected class status under the civil rights laws.