Contact Us
Subscribe to this blog via RSS
Join us on LinkedInCategories
- Kentucky Unemployment Insurance Commission
- Sexual Harassment
- FMLA Retaliation
- overtime rule
- Employer Wellness Programs
- Kentucky minimum wage
- Minimum wage
- Genetic Information Nondiscrimination Act ("GINA")
- Wage and Hour
- Paid Time Off ("PTO")
- Sick Employees
- Employment Non-Discrimination Act ("ENDA")
- Independent Contractors
- Employee Benefits
- Human Resource Department
- OSHA
- Employment Discrimination Laws
- ERISA
- Overtime Pay
- Kentucky Civil Rights Act (“KCRA”)
- Fair Labor Standards Act (FLSA)
- Pregnancy Discrimination Act
- Social Media
- Social Media Policies
- U.S. Department of Labor
- Union
- Young v. UPS
- ADA Amendments Act of 2008 (“ADAAA”)
- Department of Labor ("DOL")
- Employee Handbook
- Employee Misconduct
- Family and Medical Leave Act (“FMLA”)
- National Labor Relations Act (NLRA)
- National Labor Relations Board (NLRB)
- Title VII of the 1964 Civil Rights Act
- Adverse Employment Action
- Americans with Disabilities Act
- Civil Rights
- EEOC
- Employment Law
- U.S. Equal Employment Opportunity Commission (“EEOC”)
- Uncategorized
- Volunteer
- Compliance
- copyright
- Intellectual Property
- Work for Hire
- Bring Your Own Device
- BYOD
- Amazon
- Portal-to-Portal Act of 1947
- Security Screening
- U.S. Supreme Court
- Department of Health and Human Services
- Security Checks
- Federal contractors
- Kentucky Labor Cabinet’s Occupational Safety and Health Program (KOSH)
- Micro-unit
- Specialty Healthcare & Rehabilitation Center of Mobile
- Creech v. Brown
- Lane v. Franks
- EEOC v. Hill Country Farms
- Cloud
- Equal Employment Opportunity Commission v. Kaplan Higher Education Corp.
- Non-exempt employees
- Mine Safety and Health Administration ("MSHA")
- Northwestern
- Shazor v. Prof’l Transit Mgmt.
- Web Content Accessibility Guidelines
- Whistleblower
- WorkSmart Kentucky
- Crystalline Silica
- Illness and Injury Reports
- Kentucky Wage and Hour Act
- Permissible Exposure Level ("PEL")
- "Ban-the-box"
- Bullying
- Citizens United v. Federal Election Commission
- Compensatory time off
- Conestoga Woods Specialties v. Sebelius
- Consumer Credit Protection Act (“CCPA”)
- Davis-Bacon and Related Acts
- Drug-Free Workplaces
- Earnings
- Ehling v. Monmouth-Ocean Hospital Service Corp.
- Job applications
- Jury duty
- Kentucky Department of Workers’ Claims
- McNamara O’Hara Service Contract Act
- NFL Bullying Scandal
- Payroll
- Sebelius v. Hobby Lobby Stores
- Senate Bill 157
- Violence
- Wage garnishment
- 2013)
- Berrier v. Bizer
- Chapter 11 Bankruptcy
- Companionship services
- Federal Stored Communications Act (“SCA”)
- Government employees
- Government shutdown
- Home Health Care Workers
- Maternity Leave
- NADSA Conference
- Private employers
- Small Business Administration (SBA)
- At-will employment
- Chenzira v. Cincinnati Children’s Hospital Medical Center
- EEOC v. Fabricut
- EEOC v. The Founders Pavilion
- Giant Food LLC
- Health-Contingent Wellness Programs
- HIPAA
- KYSHRM 2013
- Mandatory vaccination policies
- Medical Exams
- Participatory Wellness Programs
- SHRM
- COBRA
- Defense of Marriage Act (“DOMA”)
- Employee of the Month Programs
- Endorsements
- Obesity
- Online Defamation
- Pennington v. Wagner’s Pharmacy
- Pension Plans
- Reference checks
- United States v. Windsor
- Defamation
- Employee Hazards
- Employee Training
- Federal Workplace Agencies
- Freedom of Speech
- Madry v. Gibraltar National Corporation
- Megivern v. Glacier Hills Incorporated
- Motivating Factor
- Sequester
- Social Media Ownership
- Supervisor
- Tangible employment actions
- Title VII retaliation cases
- Troyer v. T.John.E Productions
- Unfair Labor Practice
- University of Texas Southwestern Medical Center v. Nassar
- Vance v. Ball State University
- Employer Group Health Plans
- Employer Mandate
- Employment Practices Liability Insurance
- FICA
- Gatto v. United Airlines and allied Aviation Services
- Litigation
- Online Account Protection
- Play or Pay
- Record Retention
- severance pay
- Supplemental Unemployment Compensation Benefits
- tax refund
- United States v. Quality Stores
- Contraceptive Mandate
- Employee Arrests
- Employee Forms
- Employee photographs
- Form I-9
- House Labor and Industry Committee
- KRS 391.170
- Patient Protection and Affordable Care Act
- posting requirements
- Religious Employer
- Right to Work Bill
- Telecommuting
- U.S. Citizenship and Immigration Services
- White v. Baptist Memorial Health Care Corp.
- Job Description
- Job Requirement
- Kentucky’s Whistleblower Act
- Municipal Liability
- Public Sector Liability
- Strategic Enforcement Plan (SEP)
- Wilson v. City of Central City
- Crisis Management
- Labor and Pensions ("HELP")
- PhoneDog v. Kravitz
- social privacy laws
- Workplace Politics
- Federal Department of Labor
- Kentucky Labor Cabinet
- Social Networking Online Protection Act (SNOP)
- Criminal Background Checks
- Class Action Waivers
- Employee Performance Reviews
- Employee Personnel Files
- Federal Arbitration Act (FAA)
- Hiring and Firing
- Informal Discussion Letter (“EEOC Letter”)
- Retaliation by Association
- Unemployment Benefits
- Workplace Discrimination, Harassment and Retaliation
- Business Insurance
- Hosanna-Tabor Opinion
- Insurance Coverage
- National Labor Relations Act
- Communications Decency Act
- Employee Contracts
- Internet & Media Law
- Internet Defamation
- Non-Compete Agreement
- Uniformed Services Employment and Reemployment Rights Act
- USERRA
Showing 3 posts from February 2012.
Plan Ahead – The Lesson of Fighting Unemployment Benefit Claims
Few things are more frustrating for an employer than terminating an employee for cause due to violation of company policy, be it for failing a drug test or some form of misconduct, and then that employee being awarded unemployment benefits. We here at McBrayer PLLC find this result to be all too common, and then it is typically an uphill battle to overturn the award. In many instances, the problem lies not in the award itself, but in the lack of foresight and preparation which preceded the termination of the employee. If the first time the issue of unemployment benefits is addressed is post-termination, then the key moment to address the issue has likely been lost. More >
The Physician Employment Trend Continues
As healthcare reform continues to be implemented, the trend toward clinical integration and consolidation also continues and will be a defining characteristic of healthcare delivery in the years ahead. One critical component of clinical integration and consolidation has been health systems employing physicians to form large multi-specialty groups to serve the patient population. Physicians contemplating entering into an employment relationship with a hospital or health system must examine a number of critical issues before entering into an employment agreement. More >
Retaliation by Association
Last January, the U.S. Supreme Court expanded those protected under the retaliation provisions of Title VII and included employees who have a close family relationship to a person who has made a complaint of discrimination. Previously, only those persons who actually made or supported a complaint were protected by law. However, in Thompson v. North American Stainless, the Supreme Court unanimously held that it is an unlawful employment practice to fire or otherwise retaliate against an employee's "close family member" who has filed claim of discrimination. In Thompson, two employees were engaged to one another. The female co-worker filed a claim of discrimination against her supervisors and subsequently, the male was fired. The male filed a claim of retaliation under Title VII claiming that his termination was in retaliation for his fiance's discrimination complaint. While the Sixth Circuit held that he did not state a claim under the statute as one who "engaged in protected activity," the U.S. Supreme Court reversed holding that the anti-retaliation provisions protect conduct that may disuade a worker from making or supporting a charge of discrimination. As applied in this case, the Court determined that the female co-worker may have been disuaded from making a claim of discrimination if she knew that her fiance could be fired as a result. This case gives a cause of action to the "close family member" for retaliation and opens employers up to additional liability. More >
