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
- Genetic Information Nondiscrimination Act ("GINA")
- Kentucky minimum wage
- Minimum wage
- 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"
- 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
- Berrier v. Bizer
- Chapter 11 Bankruptcy
- Companionship services
- 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 6 posts from June 2014.
U.S. Supreme Court Gives Increased Protection to Government Employees
The Supreme Court recently ruled unanimously that government employees who testify about public corruption are protected by the First Amendment. The case, Lane v. Franks, [1]centered on a public employee, Lane, who worked at an Alabama community college where he led the school’s program for at-risk youth. More >
An Important New Decision Affects Non-Compete Agreements in Kentucky
The Kentucky Supreme Court recently reversed the Kentucky Court of Appeals’ holding in Creech, Inc. v. Brown, and declared that continued employment, standing alone, is no longer sufficient consideration to justify or support enforcement of a non-competition agreement. In the course of reaching its decision, the Court clarified prior case law dealing with the issue of whether non-competition agreements may be executed in exchange for merely retaining one’s job. While the case has an intricate and complex set of facts, this post focuses on the consideration requirement only. More >
NLRB Decision Limits Employer’s Off-Duty Policy, Part II
Earlier this week, we provided information relative to the NLRB’s decision in Piedmont Gardens, 360 NLRB No. 100 (2014).The issue in the case was the employer’s ability to regulate off-duty employee access to the property, a nursing home. The company handbook contained a provision that generally prohibited off-duty access, unless such access was previously authorized by a supervisor. The NLRB found the “unless previously authorized” caveat to be unlawful because it gave supervisors an unlimited scope in determining when and why employees could access the building. More >
NLRB Decision Limits Employer’s Off-Duty Policy
The National Labor Relations Board (NLRB) recently issued a decision in Piedmont Gardens, 260 NLRB NO. 100 (2014) regarding the legality of an employer’s off-duty access policy. Piedmont Gardens is a nursing home. Many employers, especially those in health care or other highly-regulated industries, have policies that prohibit against employees lingering around the job site when not working. Off-duty employees can not only be a disruption to the business and create security risks, but can also increase an employer’s liability. After the newest NLRB decision on the issue, however, employers should review their policies to ensure that they do not run afoul of federal law. More >
JOIN US FOR A FREE EMPLOYMENT LAW SEMINAR!
Lessons in Workplace Liability Seminar More >
Guidelines for Hiring Summer Interns
Summer is upon us. For employers, that means so is the prospect of hiring summer interns. Each year, clients contact McBrayer employment attorneys about the legality of their internship programs. Hiring interns gives employers access to highly motivated, educated young workers who bring a fresh perspective to the office and (sometimes) have little to no expectation of pay in return. It seems like a win-win situation, but in recent years, the practice of hiring unpaid interns has become increasingly scrutinized by the Department of Labor. In fact, there have been several high-profile cases wherein unpaid interns have sued employers (including Conde Nast Publications, Sirius XM Radio, and Warner Music Group), alleging violations of the Fair Labor Standards Act (“FLSA”), which establishes minimum wage and overtime compensation requirements for non-exempt employees. More >
