SCS HCS HB 2041 -- EMPLOYMENT

This bill changes the laws regarding employment.

DISCLOSURE OF CONFIDENTIAL INFORMATION

The Division of Employment Security within the Department of
Labor and Industrial Relations may disclose confidential
information obtained from any employing unit or individual
regarding employment records required by the division in the
administration of the Missouri Employment Security Law to a state
or federal official or agency as required by law.  It will be at
the division's discretion for any other party to receive
disclosures as authorized by state or federal law.

Any person who intentionally discloses or otherwise fails to
protect confidential information in violation of these provisions
will be guilty of a class A misdemeanor.  A second or subsequent
violation will be a class D felony.

VOCATIONAL AND TECHNICAL EDUCATION

Currently, the Commissioner of Education in cooperation with the
Director of the Division of Employment Security within the
Department of Labor and Industrial Relations establishes
procedures to provide grants to certain public schools for new
programs, curriculum enhancement, equipment, and facilities in
order to upgrade vocational and technical education in the state.
The bill replaces the Director of the Division of Employment
Security with the Director of the Division of Workforce
Development of the Department of Economic Development in their
cooperative capacity with the Commissioner of Education to
establish the procedures.

UNEMPLOYMENT CLAIMS QUALIFICATION REQUIREMENTS

Individuals are required to make an unemployment claim within 14
days from the last day of the week being claimed, but that period
may be extended to 28 days for good cause.  Claimants must report
to an employment office to participate in a reemployment
assessment and reemployment services in order to qualify for
unemployment benefits unless these requirements are waived for
good cause.

PROHIBITED EMPLOYMENT PRACTICES

Employers are prohibited from requiring employees to have
personal identification microchip technology implanted in their
bodies.  An employer who violates this provision will be guilty
of a class A misdemeanor.

UNEMPLOYMENT COMPENSATION FOR WAR ON TERROR VETERANS

A Missouri resident who is a member of a United States armed
forces reserve unit or the National Guard located outside
Missouri can qualify as a War on Terror veteran for the purpose
of receiving veteran's unemployment benefits.

Any overpayment of benefits will be recovered through billing,
setoffs against tax refunds, intercepts of lottery winnings, and
certain other recovery procedures authorized under Missouri law.

DIVISION OF EMPLOYMENT SECURITY

The Division of Employment Security is exempt from notifying
contributing base period employers of an initial claim if the
employer paid the worker $400 or less in the worker's base
period.

The division is allowed to deliver notices electronically if
requested by an employer or claimant.

An employer is considered an interested party in a separation
issue if the claimant was separated from the employer during a
claimed week.

OVERTIME PAY

The bill re-enacts the federal overtime standards in effect prior
to the passage of Proposition B in 2006 regarding the minimum
wage increase including, but not limited to, the exemptions for
firefighters, commissioned employees, and flex-time pay rate
employees.

The provisions regarding vocational and technical education,
unemployment claim qualification requirements, unemployment
compensation for War on Terror veterans, Division of Employment
Security, and the disclosure of confidential information become
effective October 1, 2008.

The bill contains an emergency clause for the provisions
regarding overtime pay.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:11 pm