By Ray McCarty, president and CEO, Associated Industries of Missouri
Associated Industries of Missouri is working with a broad coalition of employer advocacy groups in exploring legal options to stop implementation of Proposition A, the measure that boosts the minimum wage, requires paid sick and domestic violence leave, and allows lawsuits to be filed against employers. The proposal passed in the election yesterday 58% to 42%.
In our September 9th article, we discuss the problematic provisions of Proposition A, including the ability of an employee to file a lawsuit against their employer if the employer refuses to allow the employee to use the paid leave provided for in the proposal or otherwise control the excessive use of such leave OR if the employer takes action against an employee that has used the paid leave. The special section allowing the lawsuits contains stiff penalties for employers and even has a special statute of limitations for filing the lawsuits against the employer.
We have said from the very beginning this proposal hurts every employer. Nearly all employers that are currently subject to the minimum wage law, including those who currently provide paid sick leave for employees, must abide by the new requirements of this law voters approved yesterday. Employers with less than $500,000 in gross receipts from a retail or service business are exempted from the paid sick leave provisions, but employees meeting the following criteria are entitled to paid sick leave, even though they are exempt from the minimum wage requirements:
Any individual employed in a bona fide executive, administrative, or professional capacity;
Any handicapped person employed in a sheltered workshop, certified by the department of elementary and secondary education; and,
Any individual whose earnings are derived in whole or in part from sales commissions and whose hours and places of employment are not substantially controlled by the employer.
If employers do not follow the law to the letter, employees may file suit against them. For example, if an employer's policy requires an employee provide a healthcare provider's excuse for absences exceeding a certain amount, unless the employee has used the leave for three consecutive days, such a requirement is not allowed and the employee may sue the employer. If an employee excessively uses the paid sick leave and the employer takes action against the employee, the employee may sue the employer. This is a trial attorney's dream law.
The coalition of employer advocacy groups is currently considering challenging the new law in court. If you would like to contribute to this legal action, please send an email to Ray McCarty at rmccarty@aimo.com as soon as possible. We are exploring legal options at this time and would like to know if businesses support funding the challenge should we decide to move forward with the lawsuit. The coalition includes Associated Industries of Missouri (AIM), the Missouri Chamber of Commerce and Industry, the National Federation of Independent Business (NFIB), the Missouri Grocers Association, the Missouri Retailers Association, and the Missouri Restaurant Association.
From our conversations with employers, many employers, especially smaller employers and those that already provide paid sick leave, did not believe the proposal applied to them, but it applies to all employers.
Stay tuned for more information in the coming days.
コメント