Kansas News & Analysis

  • Countys failure to accommodate may not be enough to prove ADA claim

    In October 2018, a three-judge panel of the U.S. 10th Circuit Court of Appeals (whose rulings apply to all Kansas employers) clarified that an employee cannot sue her employer merely for failing to provide a reasonable accommodation under the Americans with Disabilities Act (ADA). Now the court is going to take another look at that ruling.

  • Longtime employee's tenure ends with arrival of new supervisor

    An employee who was terminated after a new supervisor took over sued his former employer for retaliation and interference with his rights under the Family and Medical Leave Act (FMLA) and discrimination under the Age Discrimination in Employment Act (ADEA). Let's see how his claims fared.

  • Walmart greeter fiasco provides important employment lessons

    Have you ever walked into a Walmart and been greeted by an employee—frequently disabled or elderly—who seemed to have no responsibilities other than to welcome customers to the store? Did you ever wonder what the point of the position was or why a corporation the size of Walmart would pay so many people to do it?

  • Know the legal issues you face when employees work past 65

    According to the Bureau of Labor Statistics (BLS), about one-third of Americans between the ages of 65 and 69 are still employed. That number has been steadily rising, and it's expected to reach 36 percent over the next five years.

  • Have a plan to address the recognized hazards of workplace violence

    An unfortunate emerging issue for employers is the rise of workplace shootings. Even courts and judges have taken note in their judicial opinions that workplace violence is increasing. Of course, employees may be exposed to different degrees of violence at work. Workplace shootings are on the extreme end of the spectrum.

  • Workplace Trends

    Most professionals negotiate salary offers, survey finds. Research from staffing firm Robert Half finds that 55% of professionals surveyed tried to negotiate a higher salary with their last employment offer, a 16-point jump from a similar survey released in 2018. Among workers in the 28 U.S. cities polled, Miami, San Diego, and San Francisco had the most respondents who asked for more pay, while Minneapolis, Philadelphia, and Cleveland had the fewest. A separate survey showed that 70% of senior managers said they expect some back-and-forth on salary. About six in 10 are more open to negotiating compensation than they were a year ago.

  • A budding new law: Medical marijuana's impact continues to grow

    Last November, almost two-thirds of voters cast their ballots in favor of Amendment 2 to the Missouri Constitution, which legalizes medical marijuana in that state. Marijuana remains illegal under federal law, but Missouri has now joined a growing number of states that allow either medical or recreational use of the drug. Thirty-three states, including Missouri, allow their citizens to use medical marijuana, while 10 also have legalized recreational marijuana.

  • Now's the time to consider marijuana policy

    State laws legalizing the use of marijuana—whether for medical or recreational use—have been a fast-moving target over the last several years. Currently, there are only 16 states in which marijuana is still illegal for both medical and recreational purposes. And out of those 16, most allow products that contain small amounts of THC, the active ingredient in marijuana.

  • Do you have a ghost of a chance against ghosting?

    If you're like us (and Seth Meyers), you might have a hard time keeping up with all the latest slang terms having to do with new technologies and trends in social interactions and other aspects of modern life. One such term is "ghosting," which is when a person just stops responding to text messages, usually from someone they recently started dating. The term has slowly spread to other situations in which one person suddenly disappears from another person's life, including—you guessed it—when an employee or job applicant is a no-show with no communication or explanation to the employer.

  • Legality of rules targeting employee manners continues to confound

    The National Labor Relations Board (NLRB) recently refined its test to determine whether employment rules violate Section 8(a)(1) of the National Labor Relations Act (NLRA). Pitfalls remain, however, for employers that use such rules to try to curb discourteous, disrespectful, or disloyal conduct in the workplace.