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MO Workers Comp: Supreme Court upholds “unusual and extraordinary” test
September 12, 2017, the MO Supreme Court issues its ruling in Mantia v. MO Dept. of Transportation. Quick background: Mantia’s job as an accident investigator often exposed her to bodies of those were killed in automobile accidents. This is what is called a “mental – mental” claim…no physical injury, but mental injury arising out of Read More
IL Workers Comp: Court of Appeals Affirms “No Greater Risk” defense
The Illinois Court of Appeals reached a decision in the attached case of Dukich v. IWCC on September 19, 2017, affirming the “No Greater Risk” defense. The Court of Appeals held that where the employer’s parking lot was free of any ice or snow and had no defects on the paved surface where the claimant Read More
Missouri: Using Workers Compensation Legal ABC’s To Stay Out of Hot Water
A. How Claims Work Which Employers are Covered Under the Missouri Workers Compensation Act? The Missouri Workers’ Compensation Law applies to employers with 5 or more employees and “construction industry” employers with 1 employee or more. §287.030, RSMo. Under the Missouri Workers’ Compensation Law, an employee who suffers an injury or contracts an occupational Read More
Workers Comp Decisions Define Irony
Irony is truly all around us. For example, did you know that the Bible is the most shoplifted book in America? How about this – – Sweden’s famous Ice Hotel is required by law to have operational smoke detectors. You may not know that in medical terminology, the condition of not being able to pronounce Read More
Wrongful Discharge
In 2010, the Missouri Supreme Court decided three important cases on the doctrine of wrongful termination in violation of public policy. Two cases clearly favored employees, easing their burden of proof in one and extending the right to sue to a broader range of employees in the other. The third provided some limits on this Read More
Wrongful Discharge Law: Three Key 2010 Missouri Supreme Court Decisions
In 2010, the Missouri Supreme Court decided three important cases on the doctrine of wrongful termination in violation of public policy. Two cases clearly favored employees, easing their burden of proof in one and extending the right to sue to a broader range of employees in the other. The third provided some limits on this Read More
Family Responsibilities Discrimination Quiz
This quiz was created by The Center for WorkLife Law. It will help you identify family responsibilities discrimination (FRD) issues, and learn more about how employers can prevent FRD. Best of all, this quiz won’t be graded, so it should be painless and instructive. Questions: The Number of FRD Cases Over the past ten years, Read More
Supreme Court Upholds “Relative” Retaliation Claim; Avoids Setting “Bright Line” Rule — Part II, Assessing Thompson Decision’s Significance
Previously, we discussed the decision of the Supreme Court in Thompson vs. North American Stainless , which unanimously upheld a retaliation claim by the fiancé of an employee who had filed a discrimination charge. This week, we further analyze the ruling and its significance. The Supreme Court’s Decision: Today’s Court Less Pro-Business Than Some Claim? Read More
Supreme Court Upholds “Relative” Retaliation Claim; Avoids Setting “Bright Line” Rule — Part I, the Decision
Ruling in Thompson Fiancé Retaliation Case Court Uphold’s Fiancé’s Retaliation Complaint In Thompson vs. North American Stainless,the Supreme Court addressed whether a friend or relative of an employee who made a complaint of discrimination may pursue a claim that they suffered retaliation because of that complaint — despite not having been the one who made Read More
NLRB Announces Proposed Rule Requiring Posting of Notice on Employee Rights
On December 21, the National Labor Relations Board (NLRB) did something it rarely does: it indicated its intent to change labor law requirements through the regulatory process, rather than its normal process of case-by-case adjudication. See full text of NLRB’s proposed rule on employee rights notice posting, including introductory commentary. NOTE: This is just a Read More