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SUPREME COURT HOLDS EMPLOYEES MAY NOT BE DISCHARGED OVER ORAL COMPLAINTS REGARDING FLSA VIOLATIONS

In Kasten v. Saint-Gobain Performance Plastics Corp., the United States Supreme Court held that even oral complaints to an employer are protected under the Fair Labor Standards Act of 1938 (FLSA). The FLSA provides minimum wage, maximum hour, and overtime pay rules; and forbids employers "to discharge . . . any employee because such employee has filed any complaint" alleging a violation of the FLSA. 29 U.S.C. §215(a)(3). (emphasis added).

 
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LOOMING CHANGES TO THE MISSOURI EMPLOYMENT DISCRIMINATION STANDARD

The Missouri State Senate is currently reviewing a bill which would significantly modify the current employment discrimination standard and damages available in Missouri. The Senate Bill, SB188, modifying the law relating tot he Missouri Human Rights Act and employment discrimination, mirrors a similar bill which previously passed the house on February 24, 2011, HB 205.

 
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BLUE-PENCILING AN OVERBROAD NON-COMPETE COVENANT

In Paradise v. Midwest Asphalt Coatings, Inc., 316 S.W.3d 326, the trial court engaged in 'blue-penciling' in order to modify an otherwise unreaonsably overbroad and unenforceable non-compete covenant so as to make it enforceable. However, by the time the trial court's decision was reviewed by the court of appeals, the modified duration of the non-compete clause had since run and there was no substantive issue for the appellate court to decide.

 
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KANSAS CITY DOCTOR OFFICE DID NOT DISCRIMINATE AGAINST DOCTOR WITH HEART CONDITION BUT HE WAS STILL WRONGFULLY DISCHARGED

The Western District of the Missouri Court of Appeals recently affirmed a jury verdict rendered against the plaintiff in his action against Kansas City gastroenterology doctor's office for disability discrimination. Brand v. Kansas City Gastroenterology, WD71061 (Mo.App.W.D. 1-18-2011).

 
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Welcome to The Law Office of Jason M. Finkes

This is a blog about Missouri Labor and Employment Law.