Earned Paid Sick Time on Missouri's 2024 Ballot - What Employers Need to Know

On Election Day, November 5, 2024, Missouri voters will have the opportunity to vote on Proposition A and decide whether Missouri will become the next state to require employers to provide earned paid sick time (PST) to eligible employees.

Quick Hits

Missouri voters will vote this year on whether employers will be required to provide earned paid sick time (PST) to eligible employees.
PST would accrue at a rate of one hour for every thirty hours worked; it would begin accruing for existing employees on May 1, 2025, or the first day of employment for employees hired after that date.
Employers with fifteen or more employees may limit an employee’s use of PST to fifty-six hours per year; employers with fewer than fifteen employees may limit an employee’s use of PST to forty hours per year.

While it will not be known whether PST is a certainty in Missouri until after Election Day, employers with employees working in Missouri may want to familiarize themselves with the proposed law and begin reviewing their current PTO or PST policies to ensure they are ready to comply if Proposition A is approved.

Read the Ogletree Deakins article HERE

Medicare Part D notices

are due before October 15

Each year, Medicare Part D requires group health plan sponsors to disclose to individuals who are eligible for Medicare Part D and to the Centers for Medicare and Medicaid Services (CMS) whether the health plan’s prescription drug coverage is creditable.

Plan sponsors must provide the annual disclosure notice to Medicare-eligible individuals before Oct. 15, 2024 — the start date of the annual enrollment period for Medicare Part D. CMS has provided model disclosure notices for employers to use.

Political Speech in the Workplace:

Strategic Considerations for Employers

Political speech in the workplace has become a growing concern for employers in recent years. The polarized political climate, combined with the increasing use of social media and digital communication, has amplified the visibility and impact of employees’ political views.

While political discourse can foster vibrant and diverse ideas, it also poses significant challenges for employers. Balancing employees’ rights with the need to maintain a harmonious and productive work environment requires a nuanced approach. This article explores strategic considerations for employers in addressing political speech in the workplace as we approach a historic presidential election.

The dangers of political speech in the workplace are multifaceted, encompassing legal, social, and operational risks. For small and large corporations, developing strategies that balance the need for a respectful and inclusive work environment with the rights of employees is a key strategy. By implementing clear policies, providing training, and fostering respectful dialogue, organizations can navigate the challenges of political speech and create a harmonious workplace.

Read the Article HERE

Minimum Salary Rule Falls Within DOL Authority

Husch Blackwell previously wrote about the U.S. Department of Labor’s 2024 overtime rule that raises the salary basis for overtime exemptions under the Fair Labor Standards Act (FLSA). They explained that this rule was bound to face legal challenges similar to those faced by prior rules increasing the salary thresholds under the FLSA, including the Trump administration’s 2019 rule. Yesterday, the Fifth Circuit determined the fate of the 2019 Minimum Salary Rule.

In short, the court ruled that the inclusion of a minimum-salary requirement is within the DOL’s explicitly delegated authority to “define and delimit” the terms of the FLSA’s executive, administrative, or professional capacity (EAP) exemption (also called the White Collar Exemption).

With legal challenges and questions regarding the 2024 overtime rule still pending, employers should continue planning to comply with the next salary threshold increases effective January 1, 2025. Alternatively, employers should ensure that employees potentially affected by the January 1, 2025 increase do not work more than 40 hours per week.

Read More HERE

FTC Noncompete

is Dead

You no doubt have heard that on August 20, a federal judge in the Northern District of Texas set aside the Rule issued by the Federal Trade Commission that sought to ban virtually all noncompetition agreements as unfair methods of competition.

Judge Ada Brown found that the FTC exceeded its statutory authority in promulgating the Rule and that the Rule itself was “arbitrary and capricious,” meaning that it was not reasonable or reasonably explained. Judge Brown’s decision means that the Rule is set aside on a nationwide basis and will no longer take effect on September 4, as planned. With the Rule now vacated, employers all over the country drew a collective sigh of relief.

So, employers can return to life as normal, right? Perhaps, but companies are well advised to use this reprieve to examine their current practices with restrictive covenants. The FTC has already committed to continue addressing non-competes through case-by-case enforcement actions. Adding to this uncertainty, state legislatures have been enacting statutes limiting the use of noncompetition agreements and other restrictive covenants.

Read the article here

Preparing for the Fall & Winter Virus Season

During the fall and winter months, respiratory viruses tend to spread more widely. Before the COVID-19 pandemic, influenza(flu) and respiratory syncytial virus (RSV) were the main causes of severe respiratory disease during these times of year. Although some people have mild symptoms when they catch the flu or RSV, others get sick enough to be hospitalized, especially older or higher-risk adults. Some seasons are more severe than others based on strains of the viruses circulating and immunity to these viruses.

Respiratory disease season lasts from October through May in the United States, peaking between December and February. The timing and duration of virus activity have remained unpredictable since the introduction of COVID-19. However, approved COVID-19 vaccines were recently updated to better match circulating strains for the third time since their initial launch. This year’s vaccine rollout happened sooner, as the country is coming off a wave of summer COVID-19 illnesses and hospitalizations. As additional respiratory illness activity looms, employers can plan to prepare for the continued triple threat of flu, RSV and COVID-19.

To support their workforces, employers should implement the best practices discussed in this article during the 2024-25 respiratory virus season.

Read more HERE

Recent & Upcoming U.S. Supreme Court Cases Employers Should Monitor

In its 2023-24 term, the U.S. Supreme Court issued several consequential decisions that will likely have a significant impact on employers. These cases involved federal agency power, discrimination until Title VII of the Civil Rights Act (Title VII), whistleblower retaliation and arbitration. The Supreme Court’s next term, which starts Oct. 7, 2024, will also decide cases that will impact the workplace with topics including:

• Employee misclassification—The court will decide the burden of proof employers must satisfy to establish an exemption from minimum wage and overtime requirements under the Fair Labor Standards Act (FLSA).

• Post-employment discrimination—The court will decide whether a former employee has the right to sue their former employer under the Americans with Disabilities Act (ADA).

It is important that employers are aware of the issues presented in these cases and the potential implications the Supreme Court’s decisions could have on the workplace. This HR Compliance Bulletin provides an overview of labor and employment cases the Supreme Court is scheduled to hear next term and a summary of critical decisions from its 2023-24 term to help organizations navigate the evolving labor and employment landscape and prepare for potential changes.

To see the Supreme Court decisions from last term

and for other updates, read HERE.