Andrew Metcalf

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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Latest Posts › Employer Liability Issues

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Mandatory Flu Vaccine Policies: Dealing With Employees Who Refuse the Shot

Flu season is coming, and healthcare (and other) organizations may be asking whether they should have mandatory flu vaccine policies. If an employer decides to implement a mandatory program, the next question is how to...more

9/18/2017 / Centers for Disease Control and Prevention (CDC) , Employer Liability Issues , Equal Employment Opportunity Commission (EEOC) , Health Care Providers , Healthcare Workers , Religious Exemption , Vaccinations

Another One Bites The Dust: Missouri Court Refuses to Enforce Arbitration Agreement Due to Unilateral and Retroactive Modification...

Arbitration agreements have been a roller coaster for Missouri employers. Recently, in State ex rel. Hewitt v. Kerr, the Missouri Supreme Court enforced such an agreement, sending an employee’s discrimination lawsuit to...more

7/24/2015 / Arbitration , Arbitration Agreements , Contract Terms , Employer Liability Issues , Employment Contract , Enforceability

New Year’s Resolution for Missouri Employers: Arbitration Agreements In Light of Jimenez v. Cintas Corporation

Still looking for a New Year’s resolution? The Missouri Court of Appeals rang in 2015 by refusing to enforce an arbitration agreement between an employer and an employee. The decision continues the robust trend in Missouri of...more

1/27/2015 / Appeals , Arbitration , Arbitration Agreements , At-Will Employment , Consideration , Discrimination , Employer Liability Issues , Harassment , Hiring & Firing , Non-Compete Agreements

Missouri Court of Appeals Further Restricts Arbitration Agreements

The Missouri Court of Appeals rang in the New Year by issuing an opinion that continues the trend in Missouri of restricting the enforceability of arbitration clauses. In light of this decision, employers should revisit their...more

1/27/2015 / Appeals , Arbitration , Arbitration Agreements , Discrimination , Employer Liability Issues , Harassment , Hiring & Firing , Human Rights

Is Your Arbitration Agreement Still Enforceable in Missouri After Baker v. Bristol Care, Inc.?

This summer, the Missouri Supreme Court issued a decision that will affect arbitration agreements relied on by employers across the state. The decision—one of many in a recent trend of Missouri cases restricting the...more

9/23/2014 / Arbitration , Arbitration Agreements , Arbitrators , Class Action , Consideration , Contract Formation , Contract Interpretation , Employer Liability Issues , Unpaid Overtime

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