Legalized Cannabis in Missouri:
What Employers Need to Know
On November 8, 2022, Missouri voters will have the chance to legalize recreational marijuana. The proposed state constitutional amendment, dubbed Amendment 3, would revise and amend the existing provisions regarding the legalization of marijuana for medical purposes, as well as allow individuals aged twenty-one years old and older to legally possess, purchase, consume, and cultivate marijuana recreationally. If approved by voters, the measure would become effective before year’s end, on December 8, 2022. Just four years ago, nearly two-thirds of Missouri voters voted to legalize medical marijuana, and current polling indicates that similar support exists for legalizing recreational marijuana.
If Amendment 3 is approved, the new provision would not prevent employers from enforcing their drug and alcohol-free workplace policies, nor would it require employers to permit employees to be under the influence of marijuana while at work. Amendment 3 also would not prevent employers from continuing to test for marijuana impairment, under certain circumstances. Similarly, employers would not be subject to any liability for disciplining or discharging an employee for working or attempting to work while under the influence of marijuana.
However, Amendment 3 would add a provision preventing an employer from discriminating against an employee with a medical marijuana identification card because he or she: (1) possesses a medical marijuana identification card (whether for the employee or someone in the employee’s care); (2) lawfully uses marijuana off the employer’s premises during nonworking hours; or (3) tests positive for marijuana unless the employee used, possessed, or was under the influence of marijuana while working. Currently, Missouri law does not provide such protections for holders of medical marijuana identification cards. An employer would still be allowed to take action against an employee whose lawful use of marijuana off the employer’s premises and during nonworking hours hinders the employee’s ability to perform job-related responsibilities, affects the safety of others, or conflicts with an occupational qualification.
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IRS Finalizes Change to Family Coverage Affordability Rules |
On Oct. 11, 2022, the IRS released a final rule that changes the eligibility rules for the premium tax credit (PTC). The PTC is available to eligible individuals who purchase health insurance coverage through the Exchange. Individuals are not eligible for the PTC if they have access to employer-sponsored health coverage that is affordable and provides minimum value.
Under the final rule, an employer-sponsored plan is affordable for family members if the portion of the annual premium the employee must pay for family coverage (the employee’s required contribution) does not exceed 9.5%(as adjusted annually) of household income.
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Health FSA Limit
Will Increase for 2023
On Oct. 18, 2022, the IRS released Revenue Procedure 2022-38 (Rev. Proc. 22-38), which includes the inflation-adjusted limit for 2023 on employee salary reduction contributions to health flexible spending accounts (FSAs). The Affordable Care Act (ACA) imposes a dollar limit on employees’ salary reduction contributions to health FSAs. This dollar limit is indexed for cost-of-living adjustments and often increases from year-to-year.
For plan years beginning in 2023, the ACA’s adjusted dollar limit on employees’ salary reduction contributions to health FSAs increases to $3,050. This is a $200 increase from the 2022 health FSA limit of $2,850. Rev. Proc. 22-38 also increases the maximum carryover limit for a health FSA to $610 for 2023 (from$570 for 2022).
Employers should ensure that their health FSAs will not allow employees to make pre-tax contributions in excess of $3,050 for the 2023 plan year and communicate the 2023 limit to their employees as part of the open enrollment process.
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Employers to Continue Using Current Form I-9
On Oct. 11, 2022, the U.S. Department of Homeland Security (DHS) published instructions for employers to continue using the Employment Eligibility Verification form (Form I-9) when hiring new employees until a new version of the form is published.
Federal law requires employers to verify the identity and employment authorization of each individual they hire by completing and retaining Forms I-9 for every employee hired after Nov. 6, 1986.
The most recent version of this form is set to expire on Oct. 31, 2022. Historically, DHS has allowed employers to continue using the most recent version of the form beyond its expiration date when a new form is not available by the time the most current version expires.
Industry experts anticipate DHS is delaying publishing an updated version of the form before the expiration date because of possible substantial changes to the form or the processes related to some of the form’s instructions.
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The Lingering Impact of Long COVID-19
on Employees and Workplaces
Unfortunately, some people who test positive for COVID-19 can experience long-term effects from their infection, known as “long COVID-19.” The effects of long COVID-19 can vary; individuals may experience mild symptoms or suffer near-debilitating health concerns. Long COVID-19 has impacted both employees and their employers. Specifically, some employees have not been able to work at full capacity due to their symptoms, thus creating additional labor challenges for employers.
Long COVID-19 can encompass a range of health problems. These symptoms can last for weeks, months or even years, according to the Centers for Disease Control and Prevention (CDC). Generally, such symptoms occur more often among those who experienced severe illness from COVID-19, but anyone who tested positive can encounter long COVID-19—even people who had mild illness or no symptoms from their initial infection. Individuals who have not been vaccinated against COVID-19 and become infected may also be at higher risk of developing long COVID-19.
This article further explains what long COVID-19 is, outlines how it has affected employees and explains what this means for employers.
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5 Onboarding Tips to Help Reduce Employee Turnover |
The employee onboarding process is crucial for retaining employees after the first 90 days. During the first three months at a job, about 1 in 3 workers would leave it without having another job lined up, according to recruiting firm Jobvite.
However, an effective onboarding process can help employees be excited and engaged, which helps prevent turnover. Due to this, companies should start to change how the onboarding process is viewed. Some employee turnover will be natural at any organization, but taking some simple steps may help reduce the number of employees looking to leave.
- Be prepared.
- Build a sense of community.
- Define employee success.
- Know your turnover rate.
- Be flexible.
For more tips on improving your onboarding process, contact us today.
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EEOC Releases Updated Know Your Rights Poster
The U.S. Equal Employment Opportunity Commission (EEOC) released the ‘Know Your Rights’ poster, which updates and replaces the previous “EEO is the Law” poster. Covered employers are required by federal law to prominently display the poster at their work sites. The EEOC’s web page for the poster provides information about where to post it. The poster also includes a QR code for applicants or employees to link directly to instructions for how to file a charge of workplace discrimination with the EEOC.
A number of the laws that the EEOC enforces require covered employers to post a notice describing the Federal laws prohibiting job discrimination. The poster summarizes these laws and explains that employees or applicants can file a charge if they believe that they have experienced discrimination.
The new “Know Your Rights” poster includes these changes:
- Uses straightforward language and formatting;
- Notes that harassment is a prohibited form of discrimination;
- Clarifies that sex discrimination includes discrimination based on pregnancy and related conditions, sexual orientation, or gender identity;
- Adds a QR code for fast digital access to the how to file a charge webpage;
- Provides information about equal pay discrimination for federal contractors.
The posters should be placed in a conspicuous location in the workplace where notices to applicants and employees are customarily posted. In addition to physically posting, covered employers are encouraged to post a notice digitally on their websites in a conspicuous location. In most cases, electronic posting supplements the physical posting requirement. In some situations (for example, for employers without a physical location or for employees who telework or work remotely and do not visit the employer's workplace on a regular basis), it may be the only posting. Covered employers are subject to fines for noncompliance.
The Americans with Disabilities Act (ADA) requires that notices of Federal laws prohibiting job discrimination be made available in a location that is accessible to applicants and employees with disabilities that limit mobility.
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New Independent Contractor Classification |
Whether a worker is covered or protected by the FLSA depends on whether the worker falls within the FLSA’s definition of “employee.” The DOL has traditionally favored using the five-factor economic realities test (ERT) to classify workers as either employees or independent contractors. The five factors are:
- Nature and degree of control over the work
- The worker's opportunity for profit or loss based on initiative and/or investment
- The amount of skill required for the work
- The degree of permanence of the working relationship
- Whether the work is part of an integrated unit of production
With this proposed rule, the DOL would return to the pre-2021 rule precedent and allow employers to consider all five ERT factors equally. If the rule is adopted, employers need to consider the “totality of the circumstances” in their worker classification efforts.
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Contact Us
HR Hotline
800-256-7310
Karen Shannon
Vice President Business Consulting/CHRO
417-881-8333, ext. 133
Carolyn O'Kelley
Human Resources Consultant
417-881-8333, ext. 126
Kenya Pearman
Human Resources Consultant
417-881-8333, ext. 125
Wendy Brown
Human Resources Coordinator
417-881-8333, ext. 124
Visit our Human Resources page at
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