EMPLOYER DRUG USE POLICIES

(Section 285.050)

This act provides that an employer may refuse to accommodate the use of marijuana on its premises for any use described in Article XIV of the Missouri Constitution. The act further provides that an employer may institute a random drug-testing policy. Receipt of a positive drug test for marijuana may be considered grounds for dismissal in the case of an employee or, in the case of a prospective employee, refusal of employment.

This provision is identical to SB 610 (2020) and SB 227 (2019).

JOINT EMPLOYERS

(Section 285.075)

Under this act, neither a franchisee nor a franchisee's employees shall be considered employees of a franchisor for any purpose unless the franchisor exercises direct and immediate control over the hiring, termination, discipline, and direction of the employees of a franchisee.

This provision is identical to SB 738 (2020) and SS/SB 38 (2019) and substantially similar to a provision in the perfected SS/SB 666 (2018) and SCS/SB 201 (2017).

WORKERS' COMPENSATION OCCUPATIONAL DISEASE

(Sections 287.067-287.069)

This act provides that if, preceding the date of injury or death, an employee who is on active duty as a first responder is diagnosed with a mental impairment and such person was not previously diagnosed such an impairment, then the impairment shall presumptively be considered an occupational disease and shall be presumed to have arisen out of and in the course of employment. This presumption may be rebutted by the employer or insurer.

One or more compensable mental impairment claims arising out of a single accident shall constitute a single injury. Furthermore, a mental impairment shall not be considered an occupational disease if it results from a disciplinary action, work evaluation, job transfer, layoff, demotion, promotion, termination, retirement, or similar action taken in good faith by the employer.

This provision is identical to SB 710 (2020) and substantially similar to HB 1739 (2020), HB 1965 (2020), and SB 281 (2019).

UNEMPLOYMENT BENEFITS - TERMINATION AND SEVERANCE PAY

(Section 288.036 and 288.060)

The act modifies the definition of wages for purposes of employment security law to include termination pay and severance pay. The total amount of wages derived from severance pay, if paid to an insured in a lump sum, shall be pro-rated on a weekly basis at the rate of pay received by the insured at the time of termination for the purposes of determining unemployment eligibility.

This provision is identical to SB 680 (2020), a provision in HB 1921 (2020), a provision in SCS/HB 332 (2019), HB 217 (2019), SB 869 (2018), HB 1409 (2018), SCS/SB 189 (2017), HB 288 (2017), HB 150 (2015), which was vetoed by the Governor, and SB 220 (2015).

UNEMPLOYMENT BENEFITS - AUTOMATION ADJUSTMENT

(Sections 288.132-288.133)

This act provides that any employer required to make contributions under the unemployment compensation laws shall pay an annual unemployment automation adjustment equal to .015% of its total taxable wages for the twelve-month period ending the preceding June 30th. The Division of Employment Security is permitted to lower this rate under certain circumstances.

This provision has a delayed effective date of January 1, 2021.

This provision is identical to SB 691 (2020) and substantially similar to HB 2072 (2020), SB 161 (2019), HB 375 (2019), and a provision in SCS/HB 332 (2019).

MINIMUM WAGE - PRIVATE SCHOOLS

(Section 290.502)

Under this act, employers that are a private school are exempted from certain provisions of the minimum wage law.

This act is identical to HB 2377 (2020) and HCS/HB 763 (2019) and substantially similar to SB 389 (2019).

SCOTT SVAGERA