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McBrayer Blogs

Showing 7 posts from June 2013.

Employers Win In Recent 6th Circuit Pregnancy Wrongful Termination Claims

As has been addressed previously in this blog, the Equal Employment Opportunity Commission (“EEOC”) has placed an emphasis on pursuing complaints of pregnancy discrimination as announced in its Strategic Enforcement Plan (see the post here).  Recently the EEOC and the plaintiffs’ bar have filed cases at an increased rate against employers who have allegedly discriminated against pregnant women in the workplace.  It goes without saying that such suits can be costly to defend and to ultimately pay if they are successful. More >

Social Media & Emerging Employer Issues: Are You Protected?

On June 13, Business First and McBrayer sponsored their second Social Media Seminar. The seminar’s precedent, Social Media: Strategy and Implementation, was offered in 2012 and was hugely successful. This year’s proved to be no different. Presented by Amy D. Cubbage and Cynthia L. Effinger, the seminar focused on emerging social media issues for employers. If you missed it, you missed out! But don’t worry, a seminar recap is below and you can find a copy of the PowerPoint slides by clicking here.  More >

When a Doctor’s Note Doesn’t Cut It: Medical Exams after Leaves of Absence

Sometimes an employee may need to take a leave of absence from their job; the necessity may be for a variety of reasons, including a need to address physical or mental health concerns. When the employee wishes to return to work, how does an employer know if he is really ready and able to again meet the demands of the job? More >

Worker Classification Tests -- When One Isn’t Enough: Troyer v. T.John.E Productions, cont.

On Monday, we discussed the Troyer v. T.John.E Productions, Inc. case. The outcome of that case hinged on whether the plaintiff workers were “employees” or “independent contractors.” The IRS had previously issued SS-8 determination letters to the employers, wherein it was determined the plaintiffs were, in fact, “employees” under the 20-factor IRS guidelines. One might think that the IRS classification would result in a judgment for the plaintiffs. The court, however, thought otherwise. More >


Classifying a worker as either an independent contractor or an employee is an important distinction. Taxes, pay, benefits, and whether the worker is protected by the Fair Labor Standards Act (“FLSA”) are all dependent on the classification a worker receives. Generally, independent contractors are owed fewer obligations than employees and, thus, the independent contractor label is often favored. However, misclassification may result in legal action and the possibility of significant consequences (see a post on the consequences here). Making the distinction is not always easy and usually requires a fact-specific analysis. Sometimes, workers may even be evaluated under different standards, depending on which government agency or type of action is involved. Case in point: Troyer v. T.John.E Productions, Inc., from the U.S. District Court for the Western District of Michigan.[1] More >

Notices Required by the Affordable Care Act by October 2013

By October 1, 2013, employers must provide current employees and new hires with notices concerning health insurance and state exchanges created pursuant to the Affordable Care Act (“ACA”). These notices are required by section 18B of the Fair Labor Standards Act (“FLSA”), an amendment created by the ACA. More >

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