Holman Schiavone, LLC

July 2013 Archives

Company ordered to pay damages in harassment suit

The U.S. Equality Employment Opportunity Commission has sued the Help at Home company after three Missouri workers were allegedly terminated for reporting sexually inappropriate behavior. As a result of the sexual harassment suit, Help at Home has been ordered to pay $302,500 in damages to all three former employees.

Weight discrimination still legal in most of the U.S.

Most forms of discrimination in the workplace have been illegal for a number of years thanks to both state and federal laws. However, weight discrimination is still legal in 49 states, including Missouri. Weight discrimination cases, while rare, do pop up from time to time. A recent workplace discrimination case from New Jersey upheld an employer's right to limit an employee's weight.

Missouri rollover accidents possible at intersections

Intersections are notoriously dangerous sections of roadways, and many play the part of being scenes of car accidents. Vehicles are traveling in multiple directions and there can be confusing instances of who may or may not have the right of way. When cars collide, there is a risk of rollover accidents occurring, which can cause significant damage and injuries.

The call for an increased minimum wage

On July 24, President Obama spoke in favor of increasing the minimum wage for employees. His call was echoed by employee advocates in Kansas City. Minimum wage laws provide that the federal minimum wage is only $7.25 per hour, which works out to about $15,000 per year for full-time employees. In Missouri, the minimum wage is only slightly higher, at $7.35 per hour.

Missouri man and family die in separate drunk driving accidents

It's always tragic when innocent victims die as a result of someone's decision to get behind the wheel while intoxicated. A Missouri family has now been struck by this particular tragedy twice since a man, his wife and their daughter were killed in two separate drunk driving accidents. The most recent incident, which resulted in the man's death, occurred in April. The driver in that accident has recently been arrested on a count of first-degree manslaughter.

Bill would extend employee rights to gay and transgender workers

When the United States Supreme Court overturned the federal Defense of Marriage Act (DOMA) in June, the decision was hailed by many as a landmark ruling. Many Missouri small business owners viewed the decision as positive because it overturned provisions of DOMA that essentially mandated workplace discrimination against employees in same-sex marriages. But most believe the Supreme Court's ruling does not go far enough to protect gay, lesbian, bisexual and transgender employees.

MLB strengthens policy against sexual orientation harassment

Missouri fans of Major League Baseball may be interested to note that MLB's new harassment and discrimination policy contains stronger rules against sexual orientation harassment and discrimination. The new policy requires the league to create a workplace code of conduct applicable to all players in both the major and minor leagues together with training sessions and a central complaint system. The policy was drafted with the help of the players' union and New York Attorney General Eric Schneiderman.

Wages at sheltered workshops fuel debate

Missouri residents may be interested in sheltered workshops and the wages that they pay their employees. Sheltered workshops are non-profit organizations that provide jobs to disabled and handicapped workers. However, many of these workshops pay far less than minimum wage and do so without violating wage laws. One of these is Goodwill Industries, where some employees make as little as 22 cents per hour.

Injuries from Missouri head-on collisions continue to rise

A helicopter airlifted the seriously injured 59-year-old man from the scene of the crash. The Webb City man joins the growing list of Missouri drivers seriously injured in preventable car accidents on the state's highways. The latest on the list of head-on collisions occurred on the second Thursday of July -- the result of a driver traveling in the wrong direction on an interstate highway. Two other vehicles were involved in the crash.

Missouri head-on collisions: Texting teen going to prison

A teen, in Platte City, Missouri is heading to prison after she failed to follow the rules of her probation. The teen killed a 72-year-old woman last year due to texting while operating a vehicle, causing a tragic crash. Head on collisions, such as this one, are many times fatal. This one could have been avoided had the teen not made the decision to text while driving.

Are students being exploited by unpaid internships?

Internships are a way for many Missouri college students gain the industry experience they need to land a job after graduation. The problem, however, is that many internships are unpaid, forcing college students who want the opportunity to learn hands-on skills from professionals in their field to work for free. Recent high-profile lawsuits against employers have shed light on a practice that many deem unfair.

School superintendent wins wrongful termination suit

A Missouri school superintendent has won a wrongful termination suit against the school district. The District Judge for the Missouri Court of Appeals stated that the district had failed to produce documents that had been requested by the superintendent and his legal aid. However, the school district's representation stated that they had thousands of items of documentation, and they would have been able to provide what was necessary for the case.

T-bone collisions hurt all passengers in a Missouri car crash

Unfortunately, car accidents are one of America's leading causes of injury and death across the country. Car accidents can be caused by a variety of different circumstances, and different types of crashes can occur due to these circumstances. Some of the most dangerous types of wrecks are T-bone collisions because of the damage passengers in both vehicles typically receive. Sadly, the driver of an SUV recently found this lesson out when that person's vehicle reportedly crashed into a car in Missouri.

Court rules that liquor distributor was wrongfully terminated

In late June, a St. Louis Circuit Court ruled in favor of a St. Louis-based liquor distributor in a wrongful termination lawsuit against a supplier. This is one of multiple claims associated with an ongoing battle surrounding the Missouri Franchise Law, a fight which is being referred to as the "liquor wars." The Court ruled that the distributor's relationship with the supplier was a franchise relationship and that the distributor was a victim of wrongful termination. Citing a section of the Missouri Franchise Law that has been much criticized during the course of the litigation, the Court held that a "community of interest" existed between the supplier and distributor.