Contact Us
Subscribe to this blog via RSS
Join us on LinkedInCategories
- Worker Misclassification
- Labor Law
- Overtime
- Salary Theshold
- Kentucky Unemployment Insurance Commission
- Sexual Harassment
- FMLA Retaliation
- overtime rule
- Employer Wellness Programs
- Genetic Information Nondiscrimination Act ("GINA")
- Kentucky minimum wage
- Minimum wage
- Paid Time Off ("PTO")
- Sick Employees
- Wage and Hour
- 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)
- Social Media
- Social Media Policies
- U.S. Department of Labor
- Union
- 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)
- Pregnancy Discrimination Act
- Title VII of the 1964 Civil Rights Act
- Young v. UPS
- Adverse Employment Action
- Americans with Disabilities Act
- Civil Rights
- Compliance
- EEOC
- Employment Law
- U.S. Equal Employment Opportunity Commission (“EEOC”)
- Uncategorized
- Volunteer
- Bring Your Own Device
- BYOD
- copyright
- Intellectual Property
- Work for Hire
- Amazon
- Portal-to-Portal Act of 1947
- Security Screening
- U.S. Supreme Court
- Department of Health and Human Services
- Federal contractors
- Kentucky Labor Cabinet’s Occupational Safety and Health Program (KOSH)
- Micro-unit
- Security Checks
- Specialty Healthcare & Rehabilitation Center of Mobile
- Creech v. Brown
- EEOC v. Hill Country Farms
- Lane v. Franks
- Cloud
- Equal Employment Opportunity Commission v. Kaplan Higher Education Corp.
- Non-exempt employees
- Northwestern
- Mine Safety and Health Administration ("MSHA")
- Shazor v. Prof’l Transit Mgmt.
- Web Content Accessibility Guidelines
- Whistleblower
- Crystalline Silica
- Illness and Injury Reports
- Kentucky Wage and Hour Act
- Permissible Exposure Level ("PEL")
- WorkSmart Kentucky
- "Ban-the-box"
- 2013)
- 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.
- Federal Stored Communications Act (“SCA”)
- 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
- At-will employment
- Berrier v. Bizer
- Chapter 11 Bankruptcy
- Chenzira v. Cincinnati Children’s Hospital Medical Center
- Companionship services
- EEOC v. Fabricut
- EEOC v. The Founders Pavilion
- Government employees
- Government shutdown
- Home Health Care Workers
- KYSHRM 2013
- Mandatory vaccination policies
- Maternity Leave
- Medical Exams
- NADSA Conference
- Private employers
- SHRM
- Small Business Administration (SBA)
- COBRA
- Defense of Marriage Act (“DOMA”)
- Employee of the Month Programs
- Giant Food LLC
- Health-Contingent Wellness Programs
- HIPAA
- Participatory Wellness Programs
- Pennington v. Wagner’s Pharmacy
- Pension Plans
- Reference checks
- United States v. Windsor
- Defamation
- Employee Hazards
- Employee Training
- Endorsements
- Federal Workplace Agencies
- Freedom of Speech
- Madry v. Gibraltar National Corporation
- Megivern v. Glacier Hills Incorporated
- Motivating Factor
- Obesity
- Online Defamation
- 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
- Employee Forms
- Employer Group Health Plans
- Employer Mandate
- Employment Practices Liability Insurance
- FICA
- Form I-9
- 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
- U.S. Citizenship and Immigration Services
- United States v. Quality Stores
- Contraceptive Mandate
- Employee Arrests
- Employee photographs
- House Labor and Industry Committee
- KRS 391.170
- Patient Protection and Affordable Care Act
- posting requirements
- Religious Employer
- Right to Work Bill
- Telecommuting
- White v. Baptist Memorial Health Care Corp.
- Kentucky’s Whistleblower Act
- Municipal Liability
- Public Sector Liability
- Wilson v. City of Central City
- Crisis Management
- Job Description
- Job Requirement
- Labor and Pensions ("HELP")
- PhoneDog v. Kravitz
- social privacy laws
- Strategic Enforcement Plan (SEP)
- Workplace Politics
- Federal Department of Labor
- Kentucky Labor Cabinet
- Social Networking Online Protection Act (SNOP)
- Class Action Waivers
- Criminal Background Checks
- Employee Performance Reviews
- Employee Personnel Files
- Federal Arbitration Act (FAA)
- Informal Discussion Letter (“EEOC Letter”)
- Workplace Discrimination, Harassment and Retaliation
- Hiring and Firing
- Hosanna-Tabor Opinion
- National Labor Relations Act
- Retaliation by Association
- Unemployment Benefits
- Business Insurance
- Communications Decency Act
- Employee Contracts
- Insurance Coverage
- Internet & Media Law
- Internet Defamation
- Non-Compete Agreement
- Uniformed Services Employment and Reemployment Rights Act
- USERRA
Showing 8 posts from May 2013.
NLRB's Poster Rule Struck Down by D.C. Circuit
On May 7, the U.S. District Court of Appeals for the District of Columbia struck down a National Labor Relations Board (“NLRB”) ruling that would have required millions of private employers, both union and non-union, to put up posters alerting employees of their rights under the National Labor Relations Act (“NLRA”). The poster informed employees of their right to join and/or form a union, collectively bargain with employers, and act jointly to improve wages or working conditions. More >
OSHA Looking Out for Temporary Workers’ Safety
The summer months often spur an influx in the hiring of temporary workers throughout the region. Unfortunately, some employers do not have programs in place to ensure proper training and compliance with safety standards for employees who are not on the path to permanent employment. Seeking to remedy this scenario, on April 29, 2013, the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) released a memo detailing their new initiative to protect temporary employees from workplace hazards. More >
Tightening the Belt & Loosening Enforcement: Effects of the Sequester on Employment Issues
In the months before it took effect, there was a great deal of political finger-pointing and intense debates on the looming sequester. The sequester, a plan implemented through the Budget Control Act of 2011, affects every “program, project and activity” of the federal government by reducing funding to the aforementioned. The cuts aim to save $1.2 trillion over ten years, with defense and domestic discretionary spending both on the chopping block. This year, $85 million dollars will be saved from a requested outlay of $3.803 trillion dollars. More >
Contemplate Before You Terminate: Rules of Termination
Donald Trump makes it look easy. With a simple statement (“You’re fired!”), the employee gets up and exits the boardroom. And like that, the underachiever is nixed from the show, ushered into a limo, and never seen again (at least, until the “All-Star” season). If only the real world was that easy. The decision to terminate an employee can give any employer anxiety, even if it is undoubtedly for the betterment of the business. This sense of dread is not without warrant; termination can be a legal landmine. Even terminating “at-will” employees requires cautious consideration. You can cover your bases, though, by carefully drafting policies, adhering to procedures, and relying on some common sense. Before any action is taken, review these simple rules that can protect you from a lawsuit. More >
Association Group Coverage Changes
Trade Associations in Kentucky are being asked to show that they meet ERISA “bona fide association” requirements in order to continue to provide group health insurance for their members under health reform requirements effective in 2014. Such group health insurance may be a more affordable option for some businesses as new health reform requirements begin to take effect. More >
Twitter: Little Statements with Big Consequences for Companies, cont.
Earlier this week, I gave some advice on how to protect your business’s Twitter account. The hijacking of a Twitter account can have an incredibly negative impact on your business. If you missed it, review the advice I offered in my earlier post and consider these additional steps. More >
Twitter: Little Statements with Big Consequences for Companies
Twitter is under attack. In recent months, accounts belonging to media giants CBS, BBC, and NPR have all been temporarily taken over by hackers. The Associated Press is the most recent victim. On April 23, 2013, a false statement about explosions at the White House and the President being injured sent shock waves through the Twitter-sphere. The real surprise is the effect the single tweet had in the real world: the Standard & Poor’s 500 Index dropped so sharply moments after the frightening tweet that $136 billion in market value was wiped out. While the hacking of these massive media outlets make headlines, everyday businesses are not safe from the threat, either. In February of this year, a hacker changed the @BurgerKing feed to resemble that of McDonald's, putting the McDonald's logo in place of Burger King's. The hackers posted offensive claims about company employees and practices. If accounts belonging to well-established companies like these are vulnerable, so is yours. If a tweet can have a profound impact on the nation’s stock market, imagine what an ill-contrived tweet could do to your business. More >
Another Facebook Case, Another Lesson Learned, cont.
On Monday, you learned the basic facts of a new Facebook/employer-related ruling out of New Jersey. How did the court rule? The New Jersey federal court held that the plaintiff’s deletion of his Facebook account during the discovery phase of litigation did constitute spoliation of evidence. The court considered the plaintiff’s action so egregious that it resulted in an “adverse inference” instruction against him at trial. More >
