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Taxi Driver Wins Disability Discrimination Case

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Taxi Driver Wins Disability Discrimination Case

On April 16, 2013, the Court of Appeals for the Eastern District of Missouri issued a decision in favor of a taxicab driver in the disability discrimination case of State of Missouri v. Gateway Taxi Management Company d/b/a Laclede Cab Company. The case alleged that Laclede Cab unlawfully discriminated against Anatoly Sir based upon his disability […]

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Proposed Legislation: Arbitration Fairness Act of 2013

On May 7, 2013, United States House of Representative Hank Johnson (D-GA) introduced the Arbitration Fairness Act of 2013 (Senator Al Franken (D-MN) also introduced an identical version of the bill in the United States Senate). If enacted into law, the bill would ban pre-dispute forced arbitration of employment, consumer, antitrust, and civil rights claims.

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The Working Families Flexibility Act: A Wolf in Sheep’s Clothing

On May 8, 2013, the United States House of Representatives passed the Working Families Flexibility Act. The Act – if enacted into law – would amend the Fair Labor Standards Act to allow private-sector employees to choose paid time off (i.e., “comp time”) in lieu of receiving time-and-a-half pay for overtime. Under existing federal law (passed

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Plaintiff Wins Disability Discrimination Trial; Judge Adds Damages to Jury’s Verdict

On April 9, 2013, the Missouri Supreme Court issued its decision in Badahman v. Catering St. Louis, et al. In that case, Catering St. Louis (CSL) hired the plaintiff, Sarah Badahman, as a recruiter in 2008 at an annual salary of $45,000. Her job duties required her to attend job fairs, catering events, and have reliable transportation.

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Recovering Unpaid Wages Under Missouri Law

The federal Fair Labor Standards Act (FLSA) establishes minimum wage and overtime standards for covered employers and employees. Specifically, the FLSA establishes a federal minimum wage (currently $7.30 per hour) and requires that employees be paid one-and-one-half times their regular hourly rate for hours worked over forty per workweek. The FLSA does not, however, regulate claims that

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Court Rejects Employer’s One-Sided Arbitration Agreement in Wage/Hour Case

Sometimes, employees that experience the same violation or issue with an employer band together and file a class action against an employer. In order for a “class” to be certified, it must meet the requirements of Rule 23 of the Federal Rules of Civil Procedure. However, employers that are prone to such actions often require employees

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Disabled Employee Wins Jury Trial; Reduction of Attorneys’ Fees Was Error

In a recent Missouri Court of Appeals decision, the appellate court reversed and remanded the trial court’s calculation of the winning plaintiff’s attorneys’ fees. The plaintiff, Thomas Dewalt, did not receive the full amount of his attorneys’ fees ($125,000), but rather was awarded only awarded a little over half of his claimed attorneys’ fees the trial

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8th Circuit Affirms Plaintiff’s Verdict in Age Discrimination Case

Employees can face discrimination in many ways, including age discrimination. The Missouri Human Rights Act (MHRA) protects employees in Missouri from age discrimination. In a recent decision, Trickey v. Kaman Industrial Technologies, the Eighth Circuit Court of Appeals (which includes Missouri and other states in the Midwest) affirmed a trial court judgment of $760,000 for a plaintiff in an

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Missouri Common Law Wage Claims Have Five-Year Statute of Limitations, Court Says

In a class/collective action lawsuit being handled by Riggan Law Firm, LLC, a St. Louis employment law firm, a federal court Judge recently reconsidered a prior ruling and held that claims for unpaid wages under Missouri common law are subject to a five-year statute of limitations, and not a two-year statute of limitations as the Court

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