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Missouri Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Missouri on
Q: Do i have to clock out for lunch if i work through it?

Unsupervised pest control job. In three years i've never been enforced to clock out until now when a new manager comes in

Rebecca Hill
Rebecca Hill
answered on Jun 20, 2022

You should call an attorney to discuss your situation. Under the Fair Labor Standards Act employers are not required to pay employees for "bona fide" lunch breaks that last 20 minutes or more. However, if you are required to keep working after you clock out for lunch, the lunch break is... Read more »

1 Answer | Asked in Employment Law for Missouri on
Q: My boss has asked me to provide EMDR counseling for past trauma he experienced as a child. Can I ethically do this?
Rhiannon Herbert
Rhiannon Herbert
answered on Jun 15, 2022

There is nothing inherently wrong with providing these services to a supervisor, provided you are licensed to provide such counseling.

1 Answer | Asked in Employment Law for Missouri on
Q: I am a supervisor an employee has made two harassment issues against me both coming out false. Can I do anything

An employee has filed two toxic work environment claims against me and after being investigated they came out in my favor. Any time I correct her on her job or have to take disciplinary action against her she files more paper work in HR. It’s making it to where I’m afraid to do my job as a... Read more »

Robert Grant Pennell
Robert Grant Pennell
answered on Apr 14, 2022

Nothing. Taking any action will look like retaliation on your part. Understand that anyone that keeps making unsubstantiated allegations will have little credibility. If it were me, I would ask for a sit down with a Manager in Human Resources. At the meeting, express concern about how best to... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Missouri on
Q: Does an employer have the right to deny an employees doctor's note stating he should only work 1 Saturday per month?

If the condition is something categorized by ADA as being a chronic condition. And the overtime hours that he'd be working were never discussed.

Robert Grant Pennell
Robert Grant Pennell
answered on Apr 11, 2022

Generally speaking, the terms of employment are between the parties and can be changed at anytime, and a doctor’s note need not be accepted by an employer. The exception is if the employer has enough employees to be covered by the ADA and the situation deals with a reasonable accommodation... Read more »

1 Answer | Asked in Employment Law for Missouri on
Q: Does retention of the president require a majority vote of BOARD MEMBERS PRESENT or a majority of ALL VOTING MEMBERS?

The vote was 4-2 not to retain, with two voting members absent.

Robert Grant Pennell
Robert Grant Pennell
answered on Apr 10, 2022

No one can answer your question without having access to the bylaws.

2 Answers | Asked in Employment Law and Employment Discrimination for Missouri on
Q: Missouri statue on a noose being hung at my job by my supervisor 7-8 years ago and I have a witness?
Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Apr 5, 2022

7 years is way past the statute of limitations for employment discrimination.

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1 Answer | Asked in Employment Law and Constitutional Law for Missouri on
Q: Is the NFL's new rule making all teams hire only non-white asst offensive coach a violation of the constitution?

Can you legally make me hire from one group and not from all others? If so, please explain to me how this is possible? I have 30 employees in a very diverse group, all nationalities, religions, gender, straight and not. But this new NFL rule has me concerned that in time it will be the government... Read more »

Robert Grant Pennell
Robert Grant Pennell
answered on Mar 30, 2022

The US Constitution places limits on government action, not on the conduct of private parties or organizations, such as the NFL. This is a common misconception among laypersons.

2 Answers | Asked in Employment Law and Family Law for Missouri on
Q: Are companies required to pay by law if you are off with COVID and unvaccinated. Vaccinated people get paid if off.

they have made it a policy that if vaccinated then you will get paid for being off with COVID and if unvaccinated you will not get paid. I see that as discrimination, that is no different than sexual preferences, race etc.

Robert Grant Pennell
Robert Grant Pennell
answered on Mar 3, 2022

There is a big difference between this and sexual preferences, race. Federal law prohibits employment discrimination on the basis of race, sex, age (40+), religion, national origin, or disability. Discrimination on any basis other than against one of those special classes is perfectly legal. As an... Read more »

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1 Answer | Asked in Employment Law for Missouri on
Q: Is it legal for a company to charge me for a large sum of liquidated damages for quitting a job.

I quit a company and in the contract I signed it says that I could be charged $36,000 if I quit before my two year contract ended. The company works by training you for 12 weeks and then contracting you out to tech companies. I left halfway through the training and have seen multiple posts saying... Read more »

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Feb 28, 2022

You should hire an attorney to review the entire contract. Under Missouri law, penalties are not enforceable but liquidated damages are. Whether the contract deems the fee "liquidated damages" is not necessarily dispositive, but liquidated damages provisions are commonly enforced.

1 Answer | Asked in Employment Law for Missouri on
Q: What are the number of hours a 16 year old in Missouri can legally work on a school day?

Does the legal number of hours on a school day change if the school day is a snow day?

Rhiannon Herbert
Rhiannon Herbert
answered on Feb 23, 2022

Federal law places restrictions on when 14 and 15-year old employees can work during the school year, but no similar restrictions apply once you turn 16. There may be other applicable Missouri labor laws, however, so you should consult a Missouri employment attorney regarding your situation.

1 Answer | Asked in Employment Law for Missouri on
Q: I put in my resignation and worked my full notice. Weeks after my last day the employer changed the record to a term.

I put in my notice after being informed of a investigation that would probably cost my job. I gave my resignation with the stipulation that I would be rehire-able and coded off as voluntary. I was asked to stay on an additional week which I did. Two weeks afterwards the employer changed my status... Read more »

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Feb 22, 2022

You state that you resigned with a "stipulation." Unless I am missing something, it appears that your employer didn't agree with the stipulation and therefore availed itself of the benefits of employment at will and terminated your employment.

1 Answer | Asked in Employment Law for Missouri on
Q: In the state of Missouri, can an employer require you to work six days in a row to make up days you missed

The days missed were because of testing positive for covid-19

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Feb 7, 2022

Unless you are subject to an employment contract that provides otherwise, your employer may require a six-day work week.

1 Answer | Asked in Employment Law for Missouri on
Q: Can my employer change my rate of pay without notification?

Upon receiving my last wage statement, I found my pay had been reduced by $2 p/hr. I was not notified of any rate change. I have talked to my boss and to HR about this and they have told me that because I am not doing a specific task as my job (relief driver) that I am not entitled to the pay -... Read more »

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Jan 7, 2022

There is a Missouri statute that may apply. It's a pretty weak one, however.

  290.100. Thirty days' notice of reduction of wages, how. — Any railway, mining, express, telegraph, manufacturing or other company or corporation doing business in this state, and desiring to...
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1 Answer | Asked in Employment Law, Libel & Slander and Small Claims for Missouri on
Q: Can I sue my ex-employer for falsely accusing of theft with in investigative before I was fired and then threaten me

To pay back money that was not stolen from them and had me come in after I was fired to train someone to use computer I have emails were they say I stoled from them with I didn’t, I have proof. Can I sue for defamation of character I had 10yr with them with never one issue

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Dec 20, 2021

Defamation cases are tough and expensive in Missouri. If your employer merely sent false emails to you and terminated your employment because it believed you committed theft, then you don't have a basis for a defamation suit in Missouri. Defamation requires publication of the false statement... Read more »

1 Answer | Asked in Employment Law for Missouri on
Q: Quit my job without two week notice. Should I still get paid last paycheck?

Gave a two day notice instead. I was an exempt salary employee. It was an at will position. Just want to know next steps of action since I cannot view a paystub nor see that I got paid today 12/1. Paycheck isn't technically due until 12/2, but I get paid a day early. Right after I quit on... Read more »

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Dec 5, 2021

You are entitled to your last paycheck. An at-will employee is not required to give two-weeks notice. Conversely, an employer can file at at-will employee without any notice.

1 Answer | Asked in Employment Law for Missouri on
Q: My employer has bed bugs and now I have brought them home now I have to pay for extermination and loss of belongings

My employer refuses to deal with infestation as well as never telling me that an infestation was present

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Dec 1, 2021

You didn't ask a legal question but I will assume you want to know your options. If you can prove that your employer was negligent then you could recover damages if there were a lawsuit. Whether it is worth suing depends on many factors, including the amount of damages suffered, whether you... Read more »

2 Answers | Asked in Employment Law for Missouri on
Q: My Boss stated they were going to fire me when I give birth. I will have been here for 8 months when I go into labor

I know I haven’t been here for a year so they don’t have to give me paid leave and that’s fine but can they honestly fire me for giving birth?

Robert Grant Pennell
Robert Grant Pennell
answered on Nov 26, 2021

The short answer is yes and no. It is a violation of the Pregnancy Discrimination Act to discharge someone for giving birth. Still, the act doesn't require an employer to provide any preferential treatment to a pregnant woman. The Family Medical Leave Act (FMLA) is the only job protection... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for Missouri on
Q: Is it illegal for my employer to deny me an opportunity to make more money when a rotation in my title to do so is set.

Ok. Long story short. Huge order every home game for NFL team. Delivery drivers take the order. I am one. 11 years same company. Many unethical and illegal situations. This is most recent. So there is no confusion ,because the tip is generally a couple hundred dollars, a rotation for delivering was... Read more »

Robert Grant Pennell
Robert Grant Pennell
answered on Nov 20, 2021

There is nothing illegal about what you describe.

1 Answer | Asked in Employment Law for Missouri on
Q: Does my employer have to pay me wage for time spent training for the job?

I live and work in St louis mo. My employer refused to pay me any sort of wage for the first 1.5 months of my employment stating that he didnt have to since i was in "training" but i was normally here alone running everything. I work approximately 57 hours a week. I was allowed to keep only my tips.

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Oct 7, 2021

The short answer is "yes," you generally should be paid for training and I believe you might have a strong claim to assert. Whether you are a tipped employee may determine the wage due. Contact an attorney in the St. Louis area to discuss representation in going after your employer for... Read more »

2 Answers | Asked in Employment Law and Civil Rights for Missouri on
Q: Can I be audio recorded without consent in a 2 party consent state?

I deliver in Illinois, a 2 party consent state. I wasn't made aware that the video camera in my vehicle records audio until I found out last week. I also deliver in Missouri. Would it be worth it to sue my employer since I signed no agreement and wasn't verbally notified my audio was... Read more »

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Sep 19, 2021

Whether it is worth suing will depend upon the following:

1. What is your goal?

2. How much will it cost to sue?

3. What are your chances of prevailing?

4. What damages would you be awarded if you win,

5. Does the IL statute have a provision entitling you to...
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