The Archdiocese and Cardinal Ritter filed a motion to dismiss the Missouri Human Rights Act claims, claiming they are exempt from the statutory term “employer.”

On August 28, 2012, the United States District Court for the Eastern District of Missouri denied the motion to dismiss. The Court noted that Title 8, Section 60-3.010 of the Missouri Code of State Regulations, which states that an organization “must be one hundred percent (100%) owned and operated by a religious or sectarian group and being a member of that religion or sect must be a requirement for employment…” to claim a religious exemption under the law. The Court stated, “Accepting the allegations contained in Plaintiff’s Complaint as true and drawing all reasonable inferences in favor of Plaintiff, the Court cannot say that Defendants are completely owned and operated by a religious group, nor that being a member of a certain religion is a requirement for employment with Defendants.”

Kuhlmann LLC is a St. Louis, Missouri employment law firm. If you have any questions regarding disability discrimination, or other types of employment discrimination, please call us at 314-621-3267,

The lawsuit asserts that our client has a leg condition which constitutes a disability under the Missouri Human Rights Act and Americans with Disabilities Act. Despite his disability, the lawsuit alleges our client was able to perform the essential functions of his job. During his employment, our client alleges he applied for new positions with Defendants, but was passed over in favor of external applicants. Plaintiff alleges he was told that he would not be physically able to handle the jobs he applied for because it would require him to climb stairs (which he could do).

Employees are protected from discrimination based on actual and/or perceived disability. For more information, please contact us or call 314-621-3267,

To view a copy of the lawsuit, click here.

According to the lawsuit, security employees systematically worked “off the clock,” including time spent working during unpaid meal breaks.  The plaintiffs allege DePaul subjected them to a meal break deduction policy, which automatically makes a deduction of 30 minutes of time from each shift worked by security personnel, regardless of whether they worked through their break.  According to the complaint, DePaul’s computer system automatically, though often erroneously, assumed the employees did not work during this 30-minute meal break. 

The lawsuit asserts collective/class action claims on behalf of all similarly situated employees, and seeks unpaid overtime wages under the Fair Labor Standards Act (“FLSA”) and Missouri Minimum Wage Law (“MMWL”). The lawsuit also asserts claims under the Missouri common law.

If your employer automatically deducts for time you actually spend working, or if you otherwise work off the clock, please contact a St. Louis employment lawyer, or call 314-621-3267.

To read a copy of the lawsuit, click here.

The lawsuit alleges the Plaintiff was subjected to procedural irregularities and ultimately dismissed from her program because she was involved in an intimate personal relationship with a professor in Webster University’s Nurse Anesthesia program. The lawsuit alleges our client was dismissed from her program with a mere credit hour remaining and nine (9) weeks before completing her program. According to the lawsuit, Webster University failed and/or refused, repeatedly and continuously, to follow its own policies and procedures according to its student handbooks.

The lawsuit asserts claims for breach of contract, fraudulent misrepresentation, negligent misrepresentation, violation of the covenant of good faith and fair dealing, unjust enrichment, and violation of the Missouri Merchandising Practices Act.

Kuhlmann LLC is a St. Louis, Missouri trial law firm. For more information, please contact us or call 314-621-3267.

To view a copy of the lawsuit, click here.

Workers with disabilities are protected from disability and perceived disability discrimination under the Missouri Human Rights Act, Mo. Rev. Stat. § 213.010(4) and 8 C.S.R. 60-3.060(1)-(6). Our client alleges she requested a reasonable accommodation, but instead was fired two days later.

The lawsuit seeks lost wages and lost benefits, damages for embarrassment, humiliation, damage to reputation, emotional distress, punitive damages, pre-judgment interest, attorneys’ fees and costs.

Kuhlmann LLC is a St. Louis employment law firm. For more information about workplace rights, please contact us.

The lawsuit alleges the defendants violated the Fair Labor Standards Act by failing to pay overtime wages to sales employees. Plaintiffs allege that although they regularly worked more than forty (40) hours per week, they never received overtime compensation.

The Plaintiffs allege they were paid by a combination of salary and commission. Often,  employees who are paid by salary, commission, and/or by a piece rate, believe they are not protected by federal and state overtime protections. This is often not the case, and such employees may be entitled to overtime pay. 

If you are a Missouri employee who is forced to work overtime without pay, please contact us or call 314-621-3267.

Our clients allege Defendants deceived them into buying health insurance coverage that was marketed and sold as comprehensive insurance but, because of hidden, obscure, and/or indecipherable limitations and exclusions, left them with little to no coverage when they needed it most.

As alleged, these Defendants have been the subject of regulatory and enforcement actions nationwide regarding their insurance products. For example, the National Association of Insurance Commissioners (NAIC) published in December 2007 its finding that noted “deficiencies and issues with the [HealthMarkets Defendants'] oversight, communication, monitoring and training of agents, claims handling practices, complaint handling practices, policyholder treatment and transparency related issues relative to its relationships with the membership association.” In that regard, the NAIC fined Healthmarkets, and found the HealthMarkets Defendants’ process for disclosing to consumers and policyholders the nature of their financial and other relationships with the Alliance (which pretends to be an independent entity) was inadequate.

The lawsuit alleges that Plaintiffs were informed that they would have insurance coverage “at the specified benefit payment rate of $500,000 for each Sickness or Injury up to a lifetime maximum benefit of $1,000,000 for all Sicknesses and Injuries.” With that understanding, our client incurred in excess of $400,000 in medical expenses. Notwithstanding our clients’ reasonable expectation, the lawsuit alleges Defendants failed and/or refused to pay for the vast majority of medical expenses.

The lawsuit asserts claims for breach of the duty of good faith and fair dealing, negligent misrepresentation, fraud, violation of the Missouri Merchandising Practices Act against Alliance, and breach of contract.

Kuhlmann LLC practices complex litigation. For information, please call 314-621-3267 or contact us.

In addition to the alleged violation of the Missouri franchise statutes, the lawsuit states claims for breach of contract, tortious interference, and breach of the implied duty of good faith and fair dealing. The lawsuit seeks compensatory damages, punitive damages, attorneys’ fees, and other relief.

Kuhlmann LLC represents plaintiffs in complex litigation matters. For more information contact us, or call 314-621-3267,

The lawsuit asserts claims under the Fair Labor Standards Act, the Missouri Wage & Hour laws, and under Missouri common law for quantum meruit and unjust enrichment. Under the wage and hour laws, our client seeks time and one-half for all hours he worked in excess of forty (40) per week, plus an additional equal amount as liquidated damages. We also seek an award of attorneys’ fees and costs.

If you have been subjected to wage violations for unpaid overtime or minimum wage, or for more information, please contact Kuhlmann LLC, or call 314-621-3267.