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Kansas City Employment Law Blog

What is the line between teaching and advocating?

For teachers, their students are almost like their own children. Teachers work hard to help prepare students for more than just being able to recite the important dates of the civil war or know that e=mc2. Teachers want to help their students learn how to use their critical thinking skills, to ask questions and to stand up for what they believe in.

One teacher was accused of going too far when she helped her students organize a fundraiser to address the Trayvon Martin case -- a case involving the shooting of a teenage boy by a neighborhood watchman. When the school board learned of her actions, they fired the teacher for allegedly becoming an activist.

Could dreadlocks lead to a discriminatory wage violation?

Discrimination happens in many different ways. Recently, a Missouri employee had his paycheck withheld because he says he was discriminated against for his hairstyle.

The Missouri employee who incurred the discrimination and possible wage violation says it was because of his dreadlocks. The employee's previous employment -- at a temp agency and in fast food -- did not ever comment on his choice of hairstyle, but his current employer -- a convenience store and gas station -- had an issue with his dreadlocks.

Employer penalized with $260,000 settlement for unequal pay

Sexual harassment and workplace discrimination often go hand in hand. Employees who endure sexual harassment are often the same employees that are discriminated against by their employer. The term sexual harassment encompasses a variety of actions, all of which include an employee enduring unwelcomed based on his or her gender.

The Equal Employment Opportunity Commission recently decided a case that included both sexual harassment and workplace discrimination. The case was filed by two female employees. The two employees were directors within their department. The two female employees were paid a significantly lesser amount than their male counterparts. The two female employees claimed they received lower pay than their male counterparts even though they completed substantially equal work as their male counterparts.

For many employees the "break" is missing from their meal break

The human mind and body is not designed to work for a straight eight hours or more without a rest, and yet millions of people across the United States are finding themselves unable to take the meal break regulated by many federal and state laws, including in Kentucky. Even though the body will wear itself down without proper breaks, workers are feeling forced to stay at their desks to eat or to skip lunch altogether. If you need numbers, one survey found that 65 percent of the workforce eats at their desks or does not take a break at all. Around 33 percent said that they still take a break.

The economy has created an unhealthy workplace environment where the tasks keep building while staff numbers decrease. This means that fewer workers are required to shoulder more work now than ever.

EEOC provides protection from sexual harassment

A large produce company -- a Midwest egg farm -- has given up control of the farm due to health issues and accusations of scandal. First there was a salmonella outbreak and then employees allegedly suffered sexual harassment at the hands of management. Employee sexual harassment can occur in many types of situations. Employers are governed under state and federal laws regarding sexual harassment and each provide the employee with particular protections.

Two of the egg farm's female employees claimed that they were the victims of sexual harassment while at their place of work. The allegations state the female employees were groped or inappropriately touched and forced to endure other types of sexual harassment by management while they were at work.

Wal-Mart's failure to pay overtime totals over $4 million

Wal-Mart stores have become a staple for personal shopping. Over the years Wal-Mart stores have expanded throughout the United States and grown to become a large retailer that even includes groceries. To expand and grow into the large business Wal-Mart has become, the company also had to employ more people. All of the employees are entitled to the compensation provided for under federal wage and hour laws, and employees in Missouri and Kansas are also entitled to their respective state laws regarding wage and hour regulations.

Although the Wal-Mart employee's wage and hour protections vary by their respective states, all of the employees are entitled to federal protection. So, when the U.S. Department of Labor investigated and determined Wal-Mart was violating overtime payment laws, the findings included employees in Missouri and Kansas. In response to the Department of Labor's findings, Wal-Mart owes back pay to over 4,500 employees, which amounts to $4,828,442. In addition to the back pay, Wal-Mart was also assessed civil penalties that amount to $463,815.

Could tardiness lead to a wrongful termination claim?

When an employee is terminated from their employment, the termination may occur for many reasons. If the reason for the employee's termination is in violation of an overriding law, the employee's termination may be considered a wrongful termination. Although Missouri laws provide for at-will employment, employment can also be based on an employment contract. In either case, if labor or employment laws are violated, an employee has a right to seek legal action.

Recently, a longtime employee of a radio station was terminated. The radio host had been employed pursuant to an employment contract that was set to expire on October 31, 2012. The former employer claims the termination was the result of the employee's consistent tardiness.

Sexual harassment lawsuit against employer settled for $150,000

Sexual harassment in the workplace is illegal and often under reported. It is difficult to report sexual harassment due to the stigma sometimes associated with reporting the harassment and also the embarrassment that some victims feel when retelling the incident. Sexual harassment is illegal in Missouri, but for any action to be taken, the victim is must report the incident.

A civilian employee in a police department reported the sexual harassment she suffered and has found closure in that the lawsuit has been settled. The lawsuit was filed a little over one year ago and named the defendants as the city and the highest ranked female employee.

Update: Kansas employers required to post employee rights

Employee rights are protections that are afforded to all employees, but are not always known or understood by all employees. In an effort to remedy this disparity, the National Labor Relations Board proposed a rule in December 2010 that would require employers to post employee rights notices. This rule will impact the actions of Missouri and Kansas employers who are under the jurisdiction of the National Labor Relations Act.

The proposed rule was scheduled to take effect on April 30, 2012. A federal court in Washington D.C. has stopped the implementation of the rule to require the posting of employee rights. The federal court recently authorized an emergency injunction against the propose rule.

Kansas State professors: Religious Act could harm LGBT community

In March of this year, the House of Representatives proposed the Kansas Preservation of Religious Freedom Act, an act that is supposed to prevent local governments from enacting legislation that could in some way create a burden against an individual's religious exercise. The bill is set for a vote in the Kansas Senate.

Two professors from Kansas State have begun a campaign against the enactment of the law and have found a group of supporters. Their belief is that while protection of religious rights is a good thing, the bill could actually provide an avenue for discrimination against the lesbian, gay, bisexual and transgender communities.

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