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Showing 36 posts from 2013.
Varying Maternity Leave Policies
Recently, our firm was asked if it were permissible for a company to have separate maternity policies for a corporate office from that of a store location. The concern was of course that a claim of discrimination would be made if different policies were used, and it was right for the question to be asked. However, what may be surprising is that there is no requirement that employees at different company locations all be offered the same benefits. In fact, it is common for employees in a corporate office to receive different employment packages than those at other locations, such as the company’s retail store or restaurant. In fact, an employer does not have to have the same policies for all employees in the same location in many instances. The key is that a policy not have an adverse impact on any protected groups or result in unintentional discrimination. More >
You Can’t Take It With You When You Go – Requiring Employees To Use PTO
Contrary to what many employees think, paid time off (“PTO”) is not a protected right. Instead, it is a matter of agreement between an employer and employee. There are times when employees may prefer to take unpaid leave so that they can accrue their PTO, but employers can determine whether this practice is permissible. It is lawful for employers to require that employees exhaust unused PTO time before taking unpaid time away from work. More >
Fighting the Flu (and Liability) in the Workplace, cont.
On Monday, we examined the basic concept of employer-mandated flu vaccinations. Generally speaking, employers may require at-will employees to get a flu shot and may terminate an employee based upon a refusal. The right to terminate, however, is not without limitation, and a recent case on this issue instructs that certain protected rights and classifications likely must be considered prior to termination. More >
Fighting the Flu (and Liability) in the Workplace
As summer draws to an end, flu season is lurking right around the corner. Last year’s flu season was especially hard-hitting. Many employers have taken proactive steps in recent years to protect their workforce by offering free flu vaccines or encouraging employees to get one on their own. But, can employers go one step further and require their at-will employees to receive flu shots? More >
Severance Packages and Unemployment Benefits
As an employer, one of the most difficult parts of the job can be letting an employee go or eliminating their position. When the departure is an amicable one, many employers choose to provide a severance package. In some cases, an employment contract or union agreement may require severance pay no matter how the relationship ends. More >
Who’s GINA and What Should I Know About Her?
GINA is not a who, but rather a what. The Genetic Information Nondiscrimination Act (“GINA”) was passed by Congress in 2008. GINA makes it illegal for employers with 15 or more employees to discriminate against employees or applicants on the basis of genetic information. Employers cannot lawfully inquire about (1) an individual’s genetic tests; (2) the genetic tests of an individual’s family members; or, (3) the manifestation of a disease or disorder in the family members of such an individual. More >
Employee Benefits in the Wake of Windsor
On June 26, 2013, the U.S. Supreme Court, in United States v. Windsor, declared unconstitutional Section 3 of the federal Defense of Marriage Act (“DOMA”), which had prohibited the federal government from acknowledging marriages between same-sex couples. At the time of the ruling, same-sex marriages were recognized in 12 states and the District of Columbia. The decision does not require states to recognize same-sex marriages; Kentucky is among the states that do not. However, that does not mean that Kentuckians, specifically Kentucky employers, are insulated from the effects of this decision. More >
Complete Your Non-Compete: Helpful Drafting Tips, cont.
Earlier this week, I discussed the importance of tailoring non-compete agreements to ensure enforceability and provided some factors to consider when drafting. Below are four more factors that should help you create a strong non-compete agreement. More >
Complete Your Non-Compete: Helpful Drafting Tips
Perhaps you consider your non-compete agreement just one form in a stack of many? When it is time to use it there is not much to the process: you retrieve it from the HR office, briefly discuss it with the employee, and he willingly signs it. But such a practice is a perilous one because non-compete agreements are not meant to be “one-size-fits-all.” Rather, they should be thoughtfully tweaked to each specific employee and situation. By relying on boilerplate language and fill-in-the-blank forms, you are risking the chance that a court will find your agreement unenforceable. More >
Recognizing Liability for Employee Recognition Programs
Employers frequently utilize recognition programs as a way of rewarding employees for a job well done and boosting office morale. “Employee of the Month” programs (“EMP”), however, can sometimes have the opposite effect and can actually become liability traps for employers if not run fairly. More >
