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In Missouri, it has long been settled that for a contract to be valid and enforceable, the essential terms must be definite and mutually agreed upon by both contracting parties. Without certainty in the crucial terms, there can be no mutual understanding between the parties and, therefore, no valid contract. However, a recent decision from […]
The U.S. 8th Circuit Court of Appeals—which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota—recently reversed an Arkansas district court’s dismissal of a discrimination claim brought under the Americans with Disabilities Act (ADA) by a deceased employee’s estate.
Federal nondiscrimination law prohibits employers from discriminating against employees on the basis of their sexual orientation, a federal appeals court ruled for the first time on April 4.
Naturally, most employers strive to take every legal precaution they can and to put forth their best effort to remain in compliance with all employment laws. Compliance with the Americans with Disabilities Act (ADA) is no exception.
The Kentucky Court of Appeals recently ruled that a 90-day statute of limitations, rather than a longer five-year time limit, applied to an employee’s claim for wrongful discharge. Both statutes of limitations protect employees from being discharged based on their jury-related service.
A health insurer that had laptops with personal information stolen can be sued by participants, even if they have no evidence that the thieves later misused the data, a federal appeals court ruled.
Recently, the U.S. 7th Circuit Court of Appeals—which covers Illinois, Indiana, and Wisconsin—affirmed an Indiana court’s decision to dismiss a case filed by former student athletes at the University of Pennsylvania (Penn) against the NCAA. The student athletes alleged they were employees who were entitled to minimum wage under the Fair Labor Standards Act (FLSA).
Employers in several states are facing a new definition of “joint employment” under federal wage and hour law. The 4th U.S. Circuit Court of Appeals has adopted a broad test for determining whether two employers are jointly liable for back pay and damages in those claims, making it easier for workers to show a joint […]
President Donald Trump’s nomination of Judge Neil Gorsuch to the U.S. Supreme Court’s vacant seat may be good news for employers, according to employment law attorneys.
Employees can be entitled to damages for emotional distress under the Fair Labor Standards Act (FLSA), a federal appeals court has ruled.