Sowers & Wolf Attorneys at Law

Sowers & Wolf Attorneys at Law
530 Maryville Centre Drive
Suite 460
Saint Louis, Missouri 63141
E -mail: es@sowerswolf.com
Phone: 314-744-4010
Fax: 314-744-4026

Office hours Monday thru Friday, 9 a.m. until 5 p.m.

The choice of a lawyer is an important decision and should not be made solely upon advertisements.The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

 

GOVERNMENT AGENCIES

Listed below are a number of government agencies, along with links to their respective websites, with  general descriptions of some of the laws the agencies enforce. The listed laws may not apply to your situation because the laws typically require certain conditions to be met for the law to apply – not all laws apply to all employers or employees.

 

FEDERAL GOVERNMENT AGENCIES

  • U.S. Department of Labor  www.dol.gov
    The United States Department of Labor enforces numerous laws affecting employees, some of which are described below. Some of the laws are enforced by divisions within the Department of Labor.

    Fair Labor Standards Act (FLSA)(29 USC 201)- right to overtime compensation and minimum wage enforced by Wage and Hour Division.

    Family and Medical Leave Act  (FMLA) (29 USC 2601)– right to take leave of absence for medical conditions of employee or close family member. A recent amendment expands military family leave rights. Enforced by Wage and Hour Division.

    Uniformed Service Employment and Reemployment Act (USERRA) (29 USC 4301) – right to reemployment after periods of military service (such as National Guard and Reserves) and protection against discrimination based on such service

    Occupational Safety and Health Act (29 USC 651) – regulates workplace safety standards and prohibits retaliation against employees. Enforced by OSHA.

    Employee Polygraph Protection Act (22 USC 2001) – prohibits requiring employees to submit to lie detector tests except under certain circumstances.

    Employee Retirement Income Security Act (ERISA)(29 USC 1001)- covers employee benefits, including right to continued health coverage under COBRA.

    Executive Order 11246 http://www.dol.gov/ofccp/regs/statutes/eo11246.htm - prohibits discrimination by companies which enter into contracts with the government.

    Worker Adjustment and Retraining Notification Act (WARN) http://www.doleta.gov/programs/factsht/warn.htm

  • Equal Employment Opportunity Commission www.eeoc.gov
    The Equal Employment Opportunity Commission enforces federal laws relating to discrimination in the workplace, including:

    Title VII of the Civil Rights Act (42 USC 2000e) - prohibits discrimination based on race, sex (including pregnancy), religion (including the requirement that employers reasonably accommodate employees’ sincerely held religious practices), color, and national origin

    Equal Pay Act (29 USC 206(d)) - prohibits employers from paying people different wages for the same work, based on gender

    Age Discrimination in Employment Act  (29 USC 621)– prohibits discrimination based on age

    Americans With Disabilities Act (42 USC 12101) - prohibits discrimination based on disability perceived disability, and a record of a disability and can require an employer to reasonably accommodate known physical or mental limitations of an otherwise qualified individual with a disability

    Genetic Information Nondiscrimination Act - prohibits discrimination based on genetic information

  • National Labor Relations Board www.nlrb.gov
    The NLRB administers the National Labor Relations Act (29 USC 151), including determining union representation and preventing  and remedying unfair labor practices.

  • Health and Human Services www.hhs.gov
    Health Insurance Portability and Accountability Act (HIPAA), with rule about privacy of medical information, 45 CFR Parts 160, 162, 164. http://www.hhs.gov/ocr/privacy/hipaa/administrative/privacyrule/index.html

 

STATE GOVERNMENT AGENCIES


MISSOURI

Missouri Department of Labor

  • Missouri Commission on Human Rights
    The MCHR enforces the Missouri Human Rights Act (MHRA)( RSMo Chapter 213) http://www.moga.mo.gov/STATUTES/C213.HTM, which prohibits discrimination based on race, color, religion, national origin, ancestry, sex, disability, and age. The regulations interpreting certain provisions of the Human Rights Act are published at http://www.sos.mo.gov/adrules/csr/current/8csr/8csr.asp#8-60.

  • Labor and Industrial Relations Commission  www.labor.mo.gov/LIRC/
    The Labor and Industrial Relations Commission administers, among other laws, workers compensation and unemployment compensation, including a program relating to unemployment compensation for veterans.

  • Attorney General http://ago.mo.gov/
    The Missouri Attorney General is responsible for a number of functions, including the Sunshine Law, RSMo Chapter 610, which governs open meeting obligations and production of government documents. http://ago.mo.gov/sunshinelaw/chapter610.htm#header1

  • St. Louis Civil Rights Enforcement Agency  stlouis.missouri.org/government/crea.html
    This agency of the City of St. Louis enforces Ordinance 67119, which prohibits certain types of discrimination.  www.slpl.lib.mo.us/cco/ords/data/ord7119.htm

 

ILLINOIS

Illinois Department of Labor www.state.il.us/agency/idol/

  • The Illinois Department of Labor administers multiple laws, some of which are listed below Minimum Wage Law (820 ILCS 105) – requires payment of minimum wage (different from the federal wage rate) and overtime compensation

  • One Day Rest in Seven Act (820 ILCS 140) – regulates hours employers can require employees to work and includes the requirement of a meal period after working certain period of time

  • School Visitation Rights Act (820 ILCS 147) – grants certain leave for attending school conferences and activities.

  • Wage Collection and Payment Act (820 ILCS 115) – governs when employees are to be paid, final paychecks, vacation pay, deductions from paychecks

  • Personnel Records Review Act (820 ILCS 40) – requires employers to permit employees and former employees to inspect personnel records (not just “personnel files”), permits correction of records, regulates divulging disciplinary records to third parties. Complaint forms are available on the Illinois Department of Labor website.

  • Equal Pay Act (820 ILCS 112)
    Victims’ Economic Security and Safety Act (820 ILCS 180)(VESSA) -  covers leave for victims of domestic or sexual violence or employees with family members who are victims of such violence.

  • Whistleblower Acts

    Illinois Human Rights Commission  www.illinoi.gov.ihrc
    The Commission can decide cases under the Illinois Human Rights Act, sometimes as an alternative forum to going to court.

    Illinois Department of Human Rights  www.state.il.us/dhr/
    The Illinois Department of Human Rights is the Illinois agency which accepts and investigates discrimination complaints based on race, color, religion, sex, national origin, ancestry, age, order of protection status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service and retaliation for complaints made about such discrimination.

    Illinois Attorney General  http://foia.ilattorneygeneral.net/
    The Illinois Attorney General performs many functions. Of particular importance to employees is enforcement of the Illinois Freedom of Information Act, 5 ILCS 140/1, which enables citizens to obtain certain government documents including settlement agreements and some personnel records relating to public employees, and the Open Meetings Act, 5 ILCS 120/1, which requires government agencies (including local agencies such as school districts and city councils), to conduct their business in a manner, by and large, open to the public. 

    Illinois Department of Employment Security www.ides.state.il.us/
    The IDES handles claims for unemployment compensation.

COURTS


FEDERAL COURTS
United States District Court for Eastern District of Missouri http://www.moed.uscourts.gov/
United States District Court for Western District of Missouri http://www.mow.uscourts.gov/
United States District Court for Southern District of Illinois www.ilsd.uscourts.gov
United States District Court for Central District of Illinois http://www.ilcd.uscourts.gov/



STATE COURTS

OTHER LINKS