Contact Us
Subscribe to this blog via RSS
Join us on LinkedInCategories
- SCOTUS
- FTC
- Emotional Support Animals
- Service Animals
- Employee Agreement
- Remote Work
- Federal Trade Commission
- LGBTQ
- Minors
- United States Department of Justice ("DOJ")
- Arbitration
- Work from Home
- Workplace health
- Intellectual Property
- Trade Secrets
- Corporate
- Americans with Disabilities Act ("ADA")
- Center for Disease Control
- FFCRA
- Opioid Epidemic
- Occupational Safety and Health Administration (“OSHA”)
- COVID-19
- Families First Coronavirus Response Act
- H.R.6201
- Health Care Law
- IRS
- Paid Sick Leave
- Temporary Leave
- Treasury
- Coronavirus
- Worker Misclassification
- Labor Law
- Overtime
- Kentucky Unemployment Insurance Commission
- Sexual Harassment
- FMLA Retaliation
- Overtime Rule
- Employer Wellness Programs
- Employment Non-Discrimination Act ("ENDA")
- Genetic Information Nondiscrimination Act ("GINA")
- Independent Contractors
- Kentucky minimum wage
- Minimum wage
- Paid Time Off ("PTO")
- Sick Employees
- Wage and Hour
- ADA Amendments Act of 2008 (“ADAAA”)
- Adverse Employment Action
- Department of Labor ("DOL")
- Employee Benefits
- Employee Handbook
- Employee Misconduct
- Employment Discrimination Laws
- Employment Law
- ERISA
- Fair Labor Standards Act (FLSA)
- Family and Medical Leave Act (“FMLA”)
- Human Resource Department
- Kentucky Civil Rights Act (“KCRA”)
- National Labor Relations Act (NLRA)
- National Labor Relations Board (NLRB)
- OSHA
- Overtime Pay
- Pregnancy Discrimination Act
- Social Media
- Social Media Policies
- Title VII of the 1964 Civil Rights Act
- U.S. Department of Labor
- Uncategorized
- Union
- Young v. UPS
- Amazon
- Americans with Disabilities Act
- Bring Your Own Device
- BYOD
- Civil Rights
- Compliance
- Department of Health and Human Services
- EEOC
- Federal contractors
- Portal-to-Portal Act of 1947
- Security Checks
- Security Screening
- U.S. Equal Employment Opportunity Commission (“EEOC”)
- U.S. Supreme Court
- Volunteer
- Cloud
- Creech v. Brown
- EEOC v. Hill Country Farms
- Equal Employment Opportunity Commission v. Kaplan Higher Education Corp.
- Kentucky Labor Cabinet’s Occupational Safety and Health Program (KOSH)
- Lane v. Franks
- Micro-unit
- Non-exempt employees
- Specialty Healthcare & Rehabilitation Center of Mobile
- "Ban-the-box"
- 2013)
- Berrier v. Bizer
- Bullying
- Citizens United v. Federal Election Commission
- Companionship services
- Compensatory time off
- Conestoga Woods Specialties v. Sebelius
- Consumer Credit Protection Act (“CCPA”)
- Crystalline Silica
- Davis-Bacon and Related Acts
- Drug-Free Workplaces
- Earnings
- Ehling v. Monmouth-Ocean Hospital Service Corp.
- Federal Stored Communications Act (“SCA”)
- Home Health Care Workers
- Illness and Injury Reports
- Job applications
- Jury duty
- Kentucky Department of Workers’ Claims
- Kentucky Wage and Hour Act
- Maternity Leave
- McNamara O’Hara Service Contract Act
- Mine Safety and Health Administration ("MSHA")
- NFL Bullying Scandal
- Northwestern
- Payroll
- Permissible Exposure Level ("PEL")
- Sebelius v. Hobby Lobby Stores
- Senate Bill 157
- Shazor v. Prof’l Transit Mgmt.
- Violence
- Wage garnishment
- Web Content Accessibility Guidelines
- Whistleblower
- WorkSmart Kentucky
- At-will employment
- Chapter 11 Bankruptcy
- Chenzira v. Cincinnati Children’s Hospital Medical Center
- COBRA
- Defamation
- Defense of Marriage Act (“DOMA”)
- EEOC v. Fabricut
- EEOC v. The Founders Pavilion
- Employee Forms
- Employee Hazards
- Employee of the Month Programs
- Employee Training
- Employer Group Health Plans
- Employer Mandate
- Employment Practices Liability Insurance
- Endorsements
- Federal Workplace Agencies
- FICA
- Form I-9
- Freedom of Speech
- Gatto v. United Airlines and allied Aviation Services
- Giant Food LLC
- Government employees
- Government shutdown
- Health-Contingent Wellness Programs
- HIPAA
- KYSHRM 2013
- Litigation
- Madry v. Gibraltar National Corporation
- Mandatory vaccination policies
- Medical Exams
- Megivern v. Glacier Hills Incorporated
- Motivating Factor
- Obesity
- Online Account Protection
- Online Defamation
- Participatory Wellness Programs
- Pennington v. Wagner’s Pharmacy
- Pension Plans
- Play or Pay
- Private employers
- Record Retention
- Reference checks
- Sequester
- Severance Pay
- SHRM
- Small Business Administration (SBA)
- Social Media Ownership
- Supervisor
- Supplemental Unemployment Compensation Benefits
- Tangible employment actions
- Tax Refund
- Telecommuting
- Title VII retaliation cases
- Troyer v. T.John.E Productions
- U.S. Citizenship and Immigration Services
- Unfair Labor Practice
- United States v. Quality Stores
- United States v. Windsor
- University of Texas Southwestern Medical Center v. Nassar
- Vance v. Ball State University
- Contraceptive Mandate
- Crisis Management
- Employee Arrests
- Employee photographs
- House Labor and Industry Committee
- Job Description
- Job Requirement
- Kentucky’s Whistleblower Act
- KRS 391.170
- Labor and Pensions ("HELP")
- Municipal Liability
- Patient Protection and Affordable Care Act
- PhoneDog v. Kravitz
- Posting Requirements
- Public Sector Liability
- Religious Employer
- Right to Work Bill
- Social Networking Online Protection Act (SNOP)
- Social Privacy Laws
- Strategic Enforcement Plan (SEP)
- White v. Baptist Memorial Health Care Corp.
- Wilson v. City of Central City
- Workplace Politics
- Business Insurance
- Class Action Waivers
- Criminal Background Checks
- Employee Performance Reviews
- Employee Personnel Files
- Federal Arbitration Act (FAA)
- Federal Department of Labor
- Hiring and Firing
- Hosanna-Tabor Opinion
- Informal Discussion Letter (“EEOC Letter”)
- Insurance Coverage
- Kentucky Labor Cabinet
- National Labor Relations Act
- Retaliation by Association
- Salary Threshold
- Unemployment Benefits
- Workplace Discrimination, Harassment and Retaliation
- Communications Decency Act
- Employee Contracts
- Internet & Media Law
- Internet Defamation
- Non-Compete Agreement
- Uniformed Services Employment and Reemployment Rights Act
- USERRA
Cynthia L. Effinger
Showing 67 posts by Cynthia L. Effinger.
SCOTUS Opens the Door to “Reverse” Discrimination
Employers expecting good news from a largely pro-employer Supreme Court have just been dealt an unexpected headache. In a rare unanimous opinion, the United States Supreme Court opened the door a little further to claims of “reverse” discrimination in the case of Ames V. Ohio Department of Youth Services. The Court removed the requirement that plaintiffs claiming reverse discrimination must prove their claims with additional background circumstances that were not required for a traditional discrimination claim. More >
The DOL's Final Rule for Overtime Salary Threshold is Dead in the Water
Employers can now breathe a sigh of relief. The U.S. District Court for the Eastern District of Texas has struck down nationwide the Department of Labor's (DOL) Final Rule for raising the minimum salary threshold for employees exempt from overtime pay, also known as "white collar overtime exemption" or "EAP exemption." More >
FTC Ban on Noncompetes Struck Down
A Texas Court struck down the FTC's Rule banning noncompete agreements set to take effect on September 4th, 2024. The Court ruled that the FTC had overstepped its authority in implementing the Rule and further held that the Rule was overly broad because it provided no reasonable explanation for banning virtually all noncompete agreements. More >
TWO Threshold Hikes for the Price of One: DOL Issues Final Overtime Salary Threshold Rule
As tipped in September of 2023, the Wage and Hour Division of the Department of Labor (“DOL”) has finally released the Final Rule for raising the minimum salary threshold for employers eligible for exemption from overtime pay. While the new rule isn’t vastly different from the proposed rule, there are still enough substantive changes for employers to pay close attention. More >
It's Official: FTC Issues Final Rule Banning Non-Competes
In a stunning move the same day the Department of Labor issued a rule raising the overtime salary threshold, the Federal Trade Commission issued its own long-gestating rule banning noncompete clauses nationwide. Employers should begin reviewing their contracts immediately to understand how this sweeping change will affect their workforce. More >
DOL Moves to Raise Salary Floor in Proposed Overtime Rule
The U.S. Department of Labor has proposed to raise the salary threshold—a long-anticipated yet dreaded move that will affect how many employers pay their workers. More >
NLRB Gets Back in the Time Machine, Reverts to Previous Independent Contractor Test
It’s 2023: do you know who your employees are? If you think you do, think again: the National Labor Relations Board announced in a June 13th decision on the case The Atlanta Opera, Inc., that it is changing its test for determining which workers are independent contractors and which are covered employees, reverting once again to an Obama-era standard. For employers, this means that the potential for running into issues with misclassification and unionization has increased significantly. More >
School's Out, Work's In--Considerations for Seasonal Employment
As summer approaches, many businesses will be thinking about hiring seasonal employees. Whether those are high schoolers looking for pocket change, college students in need of internship credits, or just more sets of hands to assist with the busy months, specific considerations need to be made for your seasonal workers to assure legal compliance. More >
