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
- Employment Non-Discrimination Act ("ENDA")
- Paid Time Off ("PTO")
- Sick Employees
- Independent Contractors
- OSHA
- Employee Benefits
- Employment Discrimination Laws
- ERISA
- Human Resource Department
- Overtime Pay
- Kentucky Civil Rights Act (“KCRA”)
- Fair Labor Standards Act (FLSA)
- U.S. Department of Labor
- Employee Handbook
- Employee Misconduct
- National Labor Relations Act (NLRA)
- National Labor Relations Board (NLRB)
- Pregnancy Discrimination Act
- Social Media
- Social Media Policies
- Union
- Young v. UPS
- ADA Amendments Act of 2008 (“ADAAA”)
- Adverse Employment Action
- Americans with Disabilities Act
- Department of Labor ("DOL")
- Employment Law
- Family and Medical Leave Act (“FMLA”)
- Title VII of the 1964 Civil Rights Act
- Uncategorized
- Civil Rights
- Compliance
- copyright
- EEOC
- Intellectual Property
- U.S. Equal Employment Opportunity Commission (“EEOC”)
- Volunteer
- 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
- Lane v. Franks
- Creech v. Brown
- Cloud
- EEOC v. Hill Country Farms
- 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
- "Ban-the-box"
- Crystalline Silica
- Drug-Free Workplaces
- Illness and Injury Reports
- Job applications
- Kentucky Department of Workers’ Claims
- Kentucky Wage and Hour Act
- Permissible Exposure Level ("PEL")
- Senate Bill 157
- 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
- Earnings
- Ehling v. Monmouth-Ocean Hospital Service Corp.
- Federal Stored Communications Act (“SCA”)
- Jury duty
- Maternity Leave
- McNamara O’Hara Service Contract Act
- NFL Bullying Scandal
- Payroll
- Sebelius v. Hobby Lobby Stores
- 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
- 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
- Endorsements
- Freedom of Speech
- Madry v. Gibraltar National Corporation
- Megivern v. Glacier Hills Incorporated
- Motivating Factor
- Obesity
- Online Defamation
- Social Media Ownership
- Supervisor
- Tangible employment actions
- Title VII retaliation cases
- Troyer v. T.John.E Productions
- University of Texas Southwestern Medical Center v. Nassar
- Vance v. Ball State University
- Employee Hazards
- Employee Training
- Employer Group Health Plans
- Employer Mandate
- Employment Practices Liability Insurance
- Federal Workplace Agencies
- Gatto v. United Airlines and allied Aviation Services
- Litigation
- Online Account Protection
- Play or Pay
- Sequester
- Unfair Labor Practice
- Contraceptive Mandate
- Employee Arrests
- Employee Forms
- Employee photographs
- FICA
- Form I-9
- House Labor and Industry Committee
- KRS 391.170
- Patient Protection and Affordable Care Act
- posting requirements
- Record Retention
- Religious Employer
- Right to Work Bill
- severance pay
- Supplemental Unemployment Compensation Benefits
- tax refund
- Telecommuting
- U.S. Citizenship and Immigration Services
- United States v. Quality Stores
- White v. Baptist Memorial Health Care Corp.
- Kentucky’s Whistleblower Act
- Municipal Liability
- Public Sector Liability
- Wilson v. City of Central City
- Job Description
- Job Requirement
- Strategic Enforcement Plan (SEP)
- Crisis Management
- Labor and Pensions ("HELP")
- PhoneDog v. Kravitz
- Social Networking Online Protection Act (SNOP)
- social privacy laws
- Workplace Politics
- Federal Department of Labor
- Kentucky Labor Cabinet
- 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 February 2015.
“Too Black”: Waitress’s Claim of Color Bias Raises Novel Title VII Claim
Title VII of the 1964 Civil Rights Act prevents discrimination in employment decisions based upon an employee’s race, color, religion, sex, or national origin. Bias claims based on a claimant’s skin color are nearly unanimously predicated upon bias against ‘race’ rather than ‘color.’ Circumstances can arise, as the Fifth Circuit found, where ‘color,’ rather than ‘race,’ is a discrete type of alleged discrimination. In a novel holding, the U.S. Court of Appeals for the Fifth Circuit ruled in Etienne v. Spanish Lake Truck & Casino Plaza, LLC that a separate claim of ‘color’ can provide the necessary foundation for a claim of discrimination based on ‘race.’ More >
Employment at Will Comes with Many Exceptions
Kentucky employment law generally recognizes that most employment is “at-will” – meaning, employees serve at the pleasure of the employer, and termination of an employee does not require “just cause.” There are several circumstances, however, where laws and other factors prohibit employers from terminating an employee without a well-documented showing of cause. Employers should be aware of the circumstances under which they may not terminate an employee without just cause. More >
Making Sure Your FMLA Policy Covers the Basics
Too often, employers assume that their policies comply with the basic tenets of regulatory provisions and proceed to other details without regular, careful review. This complacency, however, is where mistakes multiply, which can result in costly outcomes. In the case of Tilley v. Kalamazoo County Road Commission, for instance, the court reiterated that failure to review basic FMLA rules and train employees accordingly could lead to an unwelcome result. More >
Employees vs. Independent Contractors: The Consequences of Misclassification
The distinction between independent contractors and employees carries more burdens, consequences, and decisions than ever before. In addition to the tax consequences, there are health care compliance consequences, workers’ compensation consequences, and even intellectual property consequences. Understanding the consequences of misclassification is paramount to properly structure an employer’s workforce. More >
When is a Lunch Break Not a Lunch Break? The Sixth Circuit and Ruffin v. MotorCity Casino
Hopefully you aren’t reading this on your lunch break, hoping that you can then count the time spent as compensable work time, especially if you’re in the Sixth Circuit. In the case of Ruffin v. MotorCity Casino, the Sixth Circuit held that casino security guards tasked with monitoring their radios over their lunch break were not engaged in compensable work for purposes of the Fair Labor Standards Act. This may be less than good news for employees, but it might provide some leeway in the future as to what employers may permissibly ask employees for on their lunch breaks. More >
Who Owns What When a Copyrighted Work is Created in the Workplace
Something employers, employees and contractors don’t often consider is the ownership and attribution of copyrighted property created for an employer on behalf of an employee. Copyright has value, so the ownership of it might sometimes come into dispute. Clear agreements as to the ownership and attribution of intellectual property provide insight – i.e., any works created by an author as a result of the course and scope of that author’s employment with a company are company property. What happens, however, when a clear agreement isn’t in place? Who owns the intellectual property then? More >
Hair Trigger: When are Employee Notice Provisions Triggered under the FMLA?
It can be hard to know when an employee is invoking rights under the Family and Medical Leave Act (“FMLA”). Every employer wants FMLA-requested leave to come in the form of 30 days advance notice, filed in the appropriate manner pursuant to company policy. However, a triggering event for FMLA leave can come from something as simple as an employee asking for a day off for medical reasons. It’s important to understand what the FMLA requires of employers in that instance to fulfill their responsibilities. More >
What Employers Can (Probably) Expect from the FLSA Overtime Exemption (Yet to Be) Proposed Rules
With apologies to Tom Petty, with regard to upcoming proposed regulations under the Fair Labor Standards Act set to increase the overtime exemption salary, the waiting is the hardest part. Employers everywhere will likely experience some budgetary change to comply, but it’s hard to know exactly what that change will be. At the same time, knowing what may be coming down the pike can only prepare employers more for how to handle the final regulations when they come into effect. More >
