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PRACTICE AREAS
Employment Litigation
Labor and Employment
Jay M. Dade is an experienced labor and employment lawyer who counsels clients on day-to-day personnel management and union-management issues, including wage-hour matters; Family Medical Leave Act and discrimination claims arising under federal and state law; union organizing campaigns, representation elections and secondary activity and arbitrations; non-compete agreement implementation and enforcement; and unemployment compensation and eligibility proceedings. Jay has represented employers before the EEOC, U.S. Department of Labor, U.S. Occupational Health & Safety Administration, Missouri State Board of Mediation, the National Association of Securities Dealers and numerous state and local human rights agencies nationwide and has also represented employers in Federal and state courts.
Mr. Dade also provides management training programs in the areas of sexual harassment, drug and alcohol policies, labor relations and general personnel administration, as well as in electronic information theft and tampering issues.
COMMUNITY AND BAR INVOLVEMENT
Springfield Metropolitan Bar Association
Young Lawyers Committee Chairman (1995)
The Missouri Bar
Labor and Employment Committee
Missouri Organization of Defense Lawyers
Heart of America United Way
Community Care Committee Member (1998)
Mizzou Alumni Association (University of Missouri-Columbia)
President (2005-06)
Mizzou Legislative Network Executive Committee (2001-present)
United Way of the Ozarks
Agency Relations and Allocations Committee member (1999-2002)
University of Missouri Flagship Council
Founding Board Member (2005-2006)
Board Member (2007-present)
Secretary (2007-2008)
University of Missouri Flagship Council PAC
Chairman (2009-present)
Board Member (2007-present)
University of Missouri Presidential Search Advisory Committee (2007)
NOTABLE EXPERIENCE
Reported Employment Cases
Associated Wholesale Grocers v. Moncrief, 955 S.W.2d 37 (Mo. App. S.D. 1997) (Moncrief I) (Missouri Labor and Industrial Relations Commission used the incorrect standard for admitting business records under Missouri Employment Security Law).
Associated Wholesale Grocers v. Moncrief, 970 S.W.2d 425 (Mo. App. S.D. 1998) (Moncrief II) (Unemployment benefits claimant’s positive drug test held to be admissible business record v. inadmissible hearsay in Missouri Employment Security Law proceedings).
Rhonda R. McNeal v. The Foley Company, 98-ERA-05 (U.S. DOL 1998) (Whistleblower case arising under the Energy Reorganization Act).
U.S. Bancorp Investments, Inc. v. Nadia Cavner, et al., NASD No. 05-04734 (2006) (Enforcement of non-solicitation and confidentiality provisions against former financial services representatives, resulting in $347,000 award).
Labor Negotiations
Springfield Underground, Inc. (2007) (Springfield, Missouri)
Laborers Union Local No. 663
Operating Engineers Union Local No. 101
Teamsters Union Local No. 245
PUBLICATIONS AND PRESENTATIONS
April 22, 2009
Pre-Employment Interviews, Sexual Harassment and Workplace Investigations and Personnel Document Retention Requirements
Presented at the Missouri State University GO LEAD Program
December 11, 2008
EFCA's Mandatory Interest Arbitration Provisions
Sponsored by Shughart Thomson & Kilroy, P.C.
Presented at Employee Free Choice Act: Strategies to Combat the Dangers of New Union Organizing-Friendly Laws Webinar, Kansas City, Missouri.
October 30, 2008
What Federal, Missouri and Arkansas Laws Provide When Departing or Former Employees Raid an Employer's Computer System; Summary of the Worker Adjustment and Retraining Notification Act of 1988 (the WARN Act)
Sponsored by Shughart Thomson & Kilroy, P.C.
Labor, Employment and Benefit Symposium (Springfield, Missouri)
April 18, 2008
Human Resources Issues
Legal Services of Missouri
Presented at Legal Services of Missouri statewide conference (Lake Ozark, Missouri)
February, 18, 2008
Record-Retention Policies Keep Attorneys on Edge
Springfield Business Journal
Guest column, Industry Insight
January 31, 2008
Employers Recordkeeping Requirements
Sponsored by Shughart Thomson & Kilroy, P.C.
"Empowering You" Seminar, Springfield, Missouri
November 5, 2007
Employers Must Follow Rules for Enlisted Staff Members
Springfield Business Journal
Guest column, Industry Insight
May 9, 2007
To Ask or Not to Ask: Navigating the Legal Land Mines of Pre-Employment Interviews; and Non-Compete, Non-Soliciation and Confidentiality Agreements
Presented at the Missouri State GO LEAD Program
April 2007
Unemployment Insurance and Workplace Investigations
Missouri Chamber of Commerce and Industry and Shughart Thomson & Kilroy, P.C.
Chapters of Missouri Human Resources Manual, April 2007; updated Fall 2008
Sept|Nov 2006
Spies Like Us: What Federal, Missouri and Kansas Laws Provide When Departing or Former Employees Raid an Employer's Computer System
Sponsored by Shughart Thomson & Kilroy, P.C.
Labor, Employment and Benefit Symposiums (Kansas City, Missouri on September 21 and Springfield, Missouri on November 16, 2006)
May 11, 2006
Ethical Issues in Employment Law
Springfield Metropolitan Bar Association
Presented at the Annual Ethics CLE Seminar
February 28, 2003
Update on the Americans With Disabilities Act
Presented at ADA, FMLA and Workers' Compensation in Missouri CLE Seminar, Springfield, Missouri
January 11, 2001
Termination of Employment - Practical considerations
Presented at Employee Discharge and Document in Missouri CLE Seminar, Springfield, Missouri
EDUCATION
J.D., University of Missouri-Columbia School of Law, 1993, Editor, Journal of Dispute Resolution; Order of Barristers; Board of Advocates; Member of MU Law Society.
B.J., Magazine, University of Missouri-Columbia, 1985
BAR ADMISSIONS
Kansas, 1997
Missouri, 1993 |
