Contact Us
Subscribe to this blog via RSS
Join us on LinkedInCategories
- Labor Law
- Overtime
- Salary Theshold
- Kentucky Unemployment Insurance Commission
- Sexual Harassment
- FMLA Retaliation
- overtime rule
- Employer Wellness Programs
- Kentucky minimum wage
- Minimum wage
- Genetic Information Nondiscrimination Act ("GINA")
- Paid Time Off ("PTO")
- Sick Employees
- Wage and Hour
- 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”)
- Adverse Employment Action
- Department of Labor ("DOL")
- Employee Handbook
- Employee Misconduct
- Employment Law
- Family and Medical Leave Act (“FMLA”)
- National Labor Relations Act (NLRA)
- National Labor Relations Board (NLRB)
- Title VII of the 1964 Civil Rights Act
- Uncategorized
- Americans with Disabilities Act
- Civil Rights
- Compliance
- EEOC
- U.S. Equal Employment Opportunity Commission (“EEOC”)
- Volunteer
- Bring Your Own Device
- BYOD
- copyright
- Intellectual Property
- Work for Hire
- Amazon
- Portal-to-Portal Act of 1947
- Security Screening
- U.S. Supreme Court
- Department of Health and Human Services
- Federal contractors
- Security Checks
- Kentucky Labor Cabinet’s Occupational Safety and Health Program (KOSH)
- Micro-unit
- Specialty Healthcare & Rehabilitation Center of Mobile
- Creech v. Brown
- Lane v. Franks
- 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
- Whistleblower
- Shazor v. Prof’l Transit Mgmt.
- Web Content Accessibility Guidelines
- 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
- At-will employment
- Berrier v. Bizer
- Chapter 11 Bankruptcy
- Chenzira v. Cincinnati Children’s Hospital Medical Center
- Companionship services
- Government employees
- Government shutdown
- Home Health Care Workers
- KYSHRM 2013
- Mandatory vaccination policies
- Maternity Leave
- NADSA Conference
- Private employers
- SHRM
- Small Business Administration (SBA)
- COBRA
- Defense of Marriage Act (“DOMA”)
- EEOC v. Fabricut
- EEOC v. The Founders Pavilion
- Giant Food LLC
- Health-Contingent Wellness Programs
- HIPAA
- Medical Exams
- Participatory Wellness Programs
- Pennington v. Wagner’s Pharmacy
- Pension Plans
- United States v. Windsor
- Defamation
- Employee of the Month Programs
- Endorsements
- Freedom of Speech
- Madry v. Gibraltar National Corporation
- Megivern v. Glacier Hills Incorporated
- Motivating Factor
- Obesity
- Online Defamation
- Reference checks
- 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
- Employment Practices Liability Insurance
- Federal Workplace Agencies
- Gatto v. United Airlines and allied Aviation Services
- Litigation
- Online Account Protection
- Sequester
- Unfair Labor Practice
- Contraceptive Mandate
- Employee Arrests
- Employee Forms
- Employee photographs
- Employer Mandate
- FICA
- Form I-9
- House Labor and Industry Committee
- KRS 391.170
- Patient Protection and Affordable Care Act
- Play or Pay
- 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 6 posts in Civil Rights.
What Employers Should Know about the FMLA and Same-Sex Marriages under New Department of Labor Rules
After the 2013 Supreme Court decision in United States v. Windsor, federal agencies have been moving to align federal policies and procedures with the holding of that case. The Court held, basically, that same-sex marriages performed in states where those marriages are legal are valid, legal marriages for purposes of federal law. To that end, the Department of Labor (“DOL”) promulgated a final rule on February 25th, 2015 that revised the regulatory definition of the word “spouse” to include same-sex spouses from legal marriages to eligible employees for purposes of the Family and Medical Leave Act (“FMLA”). The final rule becomes effective on March 27th, 2015. More >
The Law of Mandatory Flu Shot Requirements
The issue of whether United States citizens could be compelled to submit to vaccinations has been the subject of litigation since small pox was an epidemic threatening the health and well-being of the country in the early 1900s. In Jacobson v. Massachusetts, citizens challenged a Massachusetts state law requiring all persons over the age of 21 to be vaccinated against small pox. 197 U.S. 11 (1905). They argued that “a compulsory vaccination law is unreasonable, arbitrary and oppressive, and, therefore, hostile to the inherent right of every freeman to care for his own body and health in such way as to him seems best; and that the execution of such a law against one who objects to vaccination, no matter for what reason, is nothing short of an assault upon his person.” Id. at 26. The United States Supreme Court disagreed, finding “a real and substantial relation to the protection of the public health and safety” and noting that “the police power of a State must be held to embrace, at least, such reasonable regulations established directly by legislative enactment as will protect the public health and the public safety.” Id. at 31, 25. The Court did note, however, that this power should not be exercised in such a manner as to be arbitrary or beyond what is necessary for the safety of the public. Id. at 26. More >
Nuns, Firefighters and Title VII: Are Volunteers Eligible for Protection?
Volunteerism is a staple of American life. According to the Corporation for National and Community Service, 62.6 million Americans volunteered nearly 7.7 million hours in 2013, adding up to an estimated value of $173 billion. Organizations such as the Salvation Army, the Red Cross, and Habitat for Humanity depend on volunteers to serve the communities in which they live. But even beyond not-for-profit charitable organizations, for-profit businesses routinely open their doors to students and others who are willing to file, prepare mailings, or shred documents in exchange for some experience to put on their resume. More >
“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 >
The Equal Pay Act—Is Your Business Helping or Hurting the Cause?
In 1963, when the Equal Pay Act (“Act”) was signed by President Kennedy, women were earning an average of 59 cents on the dollar when compared to men.[1] Today, women earn about 80 cents on the dollar.[2] President Obama addressed the issue of equal pay in his second inaugural address, “[O]ur journey is not complete until our wives, our mothers and daughters can earn a living equal to their efforts.” Where does your business stand on the journey to equal pay? Equal pay may not be something that is high on your radar as an employer, but you should always be assessing if your business is compliant with applicable laws and whether employees are being treated fairly. More >
Kentucky’s Municipal Employers Achieve Major Victory in 2012
For many, December is a time for reminiscing on the events that shaped the previous year. In our professional lives, this time affords many of us the opportunity to note those developments throughout the year that will shape and impact the year to come, or with a recent major victory for municipalities in the Commonwealth of Kentucky, years to come. Thanks in part to the vigilant efforts of McBrayer PLLC, municipal employers in Kentucky scored a resounding victory in 2012 concerning interpretation of Kentucky’s Whistleblower Act. For these municipal employers, reduced exposure to liability awaits them in 2013 and beyond. More >
