Missouri Employers and Workers Compensation Retaliation

After a somewhat lengthy delay, I've returned to the world of blogging.  As time allows!

For Missouri employers, a note of warning.  The Missouri Supreme Court has lowered the Standard of Proof for Workers Compensation retaliation claims.  On April 15, 2014, in Templemire v W & M Welding, Inc., the Missouri Supreme Court continued its pro employee interpretation of the employment at-law doctrine by significantly reducing the casualty standard for a workers compensation retaliation claims.  Prior to this ruling Missouri law had long required an employee to prove that the alleged retaliatory motive was the "exclusive factor" for the adverse action.   Such as  a termination.

Jobless Claims - Data Clouded by Technical Glitch

The number of new U.S. jobless claims fell sharply last week but much of the decline appeared due to technical problems in claims processing, clouding the last major reading of labor market health before a Federal Reserve meeting.

Initial claims for state unemployment benefits slipped 31,000 to a seasonally adjusted 292,000, the Labor Department said on Thursday.

That was the lowest level of claims since 2006, confounding analysts' expectations for a mild increase.

But a department analyst said the majority of the decline appeared to be because two states were upgrading their computer systems and did not process all the claims they received during the week. One of the states was large and the other small, the analyst said.

While the drop in claims should be taken with a grain of salt, it doesn't change the view that employers appear to have ended a long cycle of elevated layoffs that began around the 2007-09 recession.

That has helped shape the view of Fed officials that the labor market is improving, and fueled expectations the U.S. central bank will start reducing a massive monetary stimulus program as early as its policy meeting next week.

The four-week moving average for new claims, which smoothes out volatility, had in prior weeks already fallen to its lowest levels since 2007. Last week, it fell by 7,500 to 321,250.

The claims report showed the number of people still receiving benefits under regular state programs after an initial week of aid fell 73,000 to 2.871 million in the week ended August 31.  (As reported by NBC news.)

Unemployment and Older Workers

The unemployment rate for workers aged 55 and over was 5 percent in July, according to the most recent data available from the Bureau of Labor Statistics.  That's still higher than historical averages but it's much lower than the overall unemployment rate of 7.4 percent, and below the unemployment rate for any younger group of workers.

Workers aged 55 and over also are the only ones to have seen their ranks grow substantially since 2007, the year the nation went into recession.  There were 31.6 million employed people aged 55 and over in July, according to the BLS, up from 25.9 million in July of 2007.  That's partly demographics:  As baby boomers age, more are becoming part of the 55-plus group.

The unemployment rate for Americans 55 and older is lower than for any other age group the government tracks, and far below the national average.  But if an older workers loses a job, the length of time that person will stay unemployed is typically much longer than for any other age group.

The government is scheduled to release August unemployment numbers on Friday, and forecasters are expecting the economy to have added around 200,000 jobs.

Texas to Begin Drug Testing Applicants for Unemployment Benefits

In June, Gov. Rick Perry signed Senate Bill 21 which will require mandatory drug screening as a condition for the receipt of unemployment compensation benefits by certain individuals. 

SB 21 authorizes drug screenings for those receiving unemployment benefits in Texas who work "in an occupation designated by the United States Department of Labor regulations as an occupation that regularly conducts pre-employment drug testing."  A written drug screen assessment will determine the likelihood that an individual is using a substance regulated by the Texas Controlled Substances Act.  If the TWC determines a positive finding, the claimant will have to submit to and pass a state-administered drug test to receive benefits.  The Texas Workforce Commission will develop the program, in line with federal guidelines. 

The law becomes effective September 1.