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Regardless of the screening tool, an employer may not base hiring decisions on stereotypes and assumptions about a person’s race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information, which some employers are finding out the hard way. While artificial intelligence resume screening may seem to be a cost-effective way to comb through thousands of resumes, employers should be wary of their impact. https://www.reuters.com/article/us-amazon-com-jobs-automation-insight/amazon-scraps-secret-ai-recruiting-tool-that-showed-bias-against-women-idUSKCN1MK08G

Prime Trucking, Inc., a Springfield, Missouri based company, attempted to apply an arbitration clause in its independent contractor prohibiting class action claims. SCOTUS upheld the court’s decision to permit the courts to hear an independent contractor’s claim under the Fair Labor Standards Act.

New Prime Inc. v. Oliveira

The National Federation of Federal Employees, National Air Traffic Controllers Association, National Treasurer’s Employees Union, among others, have begun filing suits in the Court of Federal Claims demanding back pay, overtime, minimum wage payment on behalf of their members. Most suits also claim violations of the Fair Labor Standards Act, launching the federal employee labor unions front and center of the government shutdown debate.

https://federalnewsnetwork.com/wp-content/uploads/2018/12/Filed-Complaint.pdf

The Missouri General Assembly convened this week, with 19 pre-filed bills impacting employment law and policies. The bills impacting employers include: prohibiting employers to pay genders differently for the same work (HB 145); establishing a tax deduction for employers employing felons (HB 298) and requiring employers to pay employees for unused vacation at the end of employment (HB 330).

https://house.mo.gov/Bill.aspx?bill=HB145&year=2019&code=R

As of January 1, all businesses submitting bids to the state under the Illinois Procurement Code must have a sexual harassment policy in accordance with specified provisions of the Illinois Human Rights Act. The legislation, with chief sponsors Sen. Hutchinson and Rep. Feigenholtz, requires a copy of the bidder’s sexual harassment policy to be submitted with the bid.

http://www.ilga.gov/legislation/fulltext.asp?DocName=&SessionId=91&GA=100&DocTypeId=SB&DocNum=405&GAID=14&LegID=100346&SpecSess=&Session

In a late December 2018 case, the Western District of the Missouri Court of Appeals upheld a trial court’s finding of retaliation under the MHRA, holding that good faith or reasonable belief are not required elements and a refusal to direct verdict accordingly was proper. It also upheld an award of attorney’s fees and emotional distress.

https://www.courts.mo.gov/file.jsp?id=134795

Illinois employers, are you appropriately reimbursing your staff? As of January 1, 2019, Illinois employers are required to reimburse employees for all necessary expenses, or “all reasonable expenditures or losses required of the employee in the discharge of employment duties and that inure to the primary benefit of the employer.” Employees must submit expenses within 30 days, though employers can extend or change this requirement by establishing their own reimbursement policy. The full amended change is available here:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2402&ChapterID=68

The 5^th District Court of Appeals reversed a St. Clair County judge’s decision ordering the IDOL to publish the survey worker classifications and completely dismissed the case for lack of subject matter jurisdiction. Additionally, the Court held that the Illinois employers are necessary parties to any final resolution of this case. HesseMartone President and CEO, Andy Martone and Principal, Matt Robinson briefed and argued the case.

Coalition Disposition – 5th

HesseMartone is proud to support St. Louis’s Foster & Adoptive Care Coalition. An award-winning organization, the Coalition was named in 2018 as an Outstanding Charity and honored for its Innovative Practices by the Ladue News and the Council on Accreditation. www.foster-adopt.org

For the 7th year, HesseMartone is honored to sponsor two families as a part of this year’s 100 Neediest Cases through the United Way of St. Louis. Below is a full 17-foot truck, stuffed with 12 bikes, two bunk beds and four additional beds for two families of eight people. Thank you and kudos to Attorney Abby Schwab for her dedication and coordination. For more information on the 100 Neediest Cases or to donate:  https://www.100neediestcases.org/donate/