Kansas Department of Corrections under Fire

Kansas Department of Corrections has come under fire when former inmates filed lawsuits claiming their constitutional rights were violated they were forced to engage in sexual conduct with prison employees. KDOC were found guildty of having unlawful sexual relations with at least one female inmate at a Topeka prison. The lawsuite claims that the Warden was aware that the plaintiffs were being "incarcerated under conditions posing a substantial risk of serious harm."

Missouri Human Rights Act

Governer Nixon states that proposed changes to the Missouri Human Rights Act is "unacceptable". Senante Bill 188 would strike case law and changes state statutes that currently offer Missouri workers more protections than federal law if they are discriminated against or wrongfully discharged. The proposed law caps recoveries for wrong doing and makes it more difficult for employees to win lawsuits agaisnt violating employers. Governer Nixon said the bill would undermine current law under the Missouri Human Rights Act. "This bill would make it harder to prove discrimination in the workplace, and would throw new hurdles in the path of those whose rights have been violated," Nixon said. "that is unacceptable." This author agrees with Governer Nixon's assessment and hopes his veto will prevent Missouri from taking a step backwards in the struggle for Civil Rights. I can only assume that Sen. Brad Lager (R-Savannah), the bills sponsor, was pandering to big business when he proposed this new bill.

Working off the Clock

Is your employer requireing you to work off the clock? We first saw this situation arising in cases where an employer required an employee to shower in and out from work and then put on a uniform of some sort prior to punching in to start their shift. This type of practice required the employee to be at the place of employment 30 minutes to an hour prior to starting their shift just so that they could start on time. In essence this caused the employee to work off the clock. The employee is entitled to recover twice the amount owed for these hours (many of which were overtime hours), and attorneys fees.

We are seeing a new type of case arise where call center employees are being forced to arrive at work before their shifts start to complete administrative functions. They are also forced or encouraged to complete other essential administrative tasks during lunches, breaks, and after their shift ends. If you think that you may be working off the clock please call the Paulus Law Firm at 816-581-4040 and visit our website at http://www.pauluslawfirm.com/

Employment Basics

The Missouri Human Rights Act (MHRA), makes it illegal to discriminate in any aspect of employment because of an individual's race, color, religion, national origin, ancestry, sex disability or age (40 through 69) including: hiring and firing; compensation, assignment, or classification of employees; transfer, promotion, layoff, or recall; job advertisements; recruitment; testing; use of the company facilities; training and apprenticeship programs; fringe benefits; pay retirement plans, or disability leave; or other terms and conditions of employment.

Illegal discriminatory practices under the Act also include harassment on the basis of race, color, religion, national origin, ancestry, sex, disability, or age.

Retaliating against an individual for filing a complaint of discrimination, participating in an investigation or hearing, or opposing discriminatory practices; and

Denying employment opportunities to a person because of marriage to, or association with, an individual of a particular race, religion, national origin, or an individual with a disability.

If you think that your rights may have been violated please contact Ryan Paulus at the Paulus Law Firm for your free consultation. Ryan Paulus can be reached at 816.695.5328 or emailed at ryan.paulus@pauluslawfirm.com