Missouri News & Analysis

  • Employee or contractor: Classify correctly or pay the cost

    The distinction between an employee and an independent contractor is a frequent area of concern for employers. There are multiple tests to determine whether an individual can legally be classified as an independent contractor. Missouri provides one such test. Although helpful, how should an employer weigh all of the factors? Are some factors more important than others? This overview discusses a recent case that examines how Missouri courts analyze the employment relationship to decide whether an individual is an employee or an independent contractor.

  • September 30 deadline looms for newly required EEO-1 data

    Employers required to submit EEO-1 reports to the Equal Employment Opportunity Commission (EEOC) are venturing into uncharted territory as they work to collect newly required information due by September 30. While they may be accustomed to submitting traditional EEO-1 information—data on employees' race/ethnicity and gender, or what's being called Component 1 data—this year they also must compile data on compensation and hours worked, or what's being called Component 2 data.

  • Supreme Court will decide whether LGBT discrimination is unlawful

    The U.S. Supreme Court has agreed to decide the long-unresolved question of whether Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on their sexual orientation or gender identity. The issue has been percolating in the lower courts for quite a while. As it frequently does, the Court declined to consider the question until there was a conflict between several appellate courts. Let's take a look at the history of the Court's decisions, the arguments on both sides of the issue, and what we can expect next.

  • Tips for successful succession planning

    Succession planning is an integral part of the ongoing success of most large corporations with boards of directors, various levels of company management, and vast talent pools from which future leadership can be drawn. Such organizations recognize that as the company evolves with new employees, new technology, a new culture, and new products or services—not to mention all the challenges associated with each of those changes—selecting and transitioning to leadership more adept at handling the company's evolution is vital to ensuring the business stays ahead of industry trends and challenges.

  • Union Activity

    AFL-CIO report details causes of worker deaths. The AFL-CIO in April released a report on worker deaths in 2017 showing that 5,147 workers were killed on the job and an estimated 95,000 died from occupational diseases. The report says that every day, on average, 275 U.S. workers die because of hazardous working conditions. The report calls workplace violence the third leading cause of workplace death, accounting for 807 deaths in 2017, including 458 homicides. There was a small decrease in the overall rate of fatal injuries from the previous year—3.5 per 100,000 in 2017, down from 3.6 per 100,000 workers in 2016. In recent years, however, there has been little overall change in the job fatality rate. The report also says recent studies show the toll of occupational diseases is greater than previous estimates.

  • DOL says FMLA leave mandatory for employees and employers

    After more than 25 years, you might think questions regarding proper interpretation of the Family and Medical Leave Act (FMLA) would be settled. It's a highly regulated law, and it provides employers far more detail and clarity than they get with most other labor and employment laws.

  • Tips to ensure you are prepared for a deposition

    For an HR professional, giving a deposition is a lot like visiting the dentist. You know it's necessary, but you probably aren't looking forward to it. You may be asked questions you don't want to answer (like how often you actually floss). And finally, consistently responsible practices should reduce your stress levels about the event, make it go a lot smoother, and prevent worse problems in the future.

  • Feeling stressed? Take it outside

    We all need a breath of fresh air sometimes. With summer starting up, we should be able to find plenty of ways to get away from our desks ― even just for a break. And Alaska's natural beauty can be a perfect cure for employees' work-related stress. This article addresses the unwanted consequences of work stress and the benefits of encouraging employees to spend time outside.

  • Trust—cornerstone for high performance culture

    A CEO for a privately held telecommunications company just learned the results of a recent corporate culture survey. Only 40% of her employees responded favorably in the category of "Employee Engagement." She was disappointed and frustrated, recognizing the impact of high employee engagement on achieving operational excellence. The initiatives that she implemented within the past year to boost commitment had failed. She didn't know what to do next.

  • Workplace Trends

    NFIB speaks out against predictive scheduling laws. The National Federation of Independent Business (NFIB) issued a statement in March in opposition to state and local laws requiring employers to provide hourly workers their work schedules weeks in advance. The organization said such laws aren't always possible or realistic for small businesses. "It severely limits owners' control over their scheduling decisions and urgent business needs," the statement said. The organization pointed to laws in Oregon, Seattle, and San Francisco and said the unpredictability of staff needs in certain industries like construction and hospitality raises concerns. "The laws not only prevent employers from adjusting to market changes, bad weather, or other demands outside their control, but they also prevent employees from picking up additional work hours at a moment's notice or requesting unanticipated time off," the statement said.