• Posts by Robert Ortbals Jr.
    Partner

    Bob represents employers in a variety of industries, including retail, manufacturing, financial services, healthcare, and insurance, as well as public-sector employers. He has appeared in state and federal courts across the ...

This week, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit held that a “multimonth leave of absence is beyond the scope of a reasonable accommodation” under the Americans with Disabilities Act.

In doing so, the court rejected longstanding guidance from the Equal Employment Opportunity Commission that a long-term medical leave is a reasonable accommodation when the leave is (1) definite and time-limited (not open ended); (2) requested in advance; and (3) likely to enable the employee to perform the essential job functions on return. Noting that under the EEOC’s position “the length of leave does not matter,” the court characterized it as an “open-ended extension” of leave under the Family and Medical Leave Act.

Last week, the Missouri Court of Appeals issued an opinion holding that gender identity is not covered by the prohibition on sex discrimination in the Missouri Human Rights Act. The opinion builds on a 2015 opinion from the same court, which held that sexual orientation was not covered under the MHRA.

Last week's opinion arose from a lawsuit filed by a female-to-male high school ...

Employers in St. Louis City must pay their employees a minimum wage of $10 an hourRobert Ortbals beginning tomorrow—Friday, May 5. The Mayor’s Office just announced that the injunction on the minimum wage ordinance has been lifted. Noncompliance with the ordinance subjects employers to prosecution in municipal court along with potentional revocation of business licenses and occupancy ...

Employers in St. Louis City should prepare for an imminent increase in the minimum wage from $7.70 to $10 per hour. On Tuesday, the Missouri Supreme Court issued its direction toRobert Ortbals lift an injunction blocking the City’s minimum wage ordinance from taking effect. The trial court that issued the injunction must now lift the injunction—which can happen at any time. Once the injunction is ...

Yesterday, the Missouri Supreme Court reinstated a St. Louis city law that will hike the city’s minimum wage to $11 per hour by 2018. Originally enacted in 2015, the lawRobert Ortbals had been invalidated by a trial judge hours before it was to become effective.

As originally passed, the city’s law provided for graduated increases to the minimum wage as follows:

October 15, 2015 - $8.25 per ...

Robert Ortbals
Bob Ortbals

With employee mobility and desire for flexible work arrangements continually increasing, some employers are turning to non-compete agreements to limit the disruption to their workforces. But as some employers have been using non-competes with low-wage, unskilled workers, criticism has followed—including a recent White House call for states to ban ...

Robin Shea has more than 20 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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