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
- Center for Disease Control
- Americans with Disabilities Act ("ADA")
- 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”)
- Department of Labor ("DOL")
- Employee Benefits
- Employee Handbook
- Employee Misconduct
- Employment Discrimination Laws
- 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
- Union
- Young v. UPS
- Adverse Employment Action
- Amazon
- Americans with Disabilities Act
- Bring Your Own Device
- BYOD
- Civil Rights
- Compliance
- Department of Health and Human Services
- EEOC
- Employment Law
- Portal-to-Portal Act of 1947
- Security Checks
- Security Screening
- U.S. Equal Employment Opportunity Commission (“EEOC”)
- U.S. Supreme Court
- Uncategorized
- Volunteer
- Cloud
- Creech v. Brown
- EEOC v. Hill Country Farms
- Equal Employment Opportunity Commission v. Kaplan Higher Education Corp.
- Federal contractors
- 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
- 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)
- Telecommuting
- 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
Showing 48 posts in Employment Discrimination Laws.
“Sex-Plus” Discrimination Equals Possible Liability
The Sixth Circuit recently addressed whether a “sex-plus” claim of discrimination can be made under Title VII of the 1964 Civil Rights Act. "Sex plus" refers to policies or practices by which an employer classifies employees on the basis of sex plus another characteristic, such as race or age. The case, Shazor v. Prof’l Transit Mgmt., Ltd., 2014 BL 42520, 6th Cir., No. 13-3253, 2/19/14, reinforces the concept that employers must consider employees’ protected traits as an “intersectional” whole, rather than separate, individual aspects. More >
Varying Maternity Leave Policies, cont.
On Monday, it was discussed that it is typically acceptable to offer different maternity leave benefits for employees at separate employer locations (such as a corporate office versus store locations). Further, it was noted that it is generally acceptable to have varying policies amongst employees, so far as the policies are applied within the parameters of the law (i.e., not discriminatory). 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 >
Weight For It: How Will The AMA’s New Decision Affect Employers?
In a press release issued on June 18, 2013, the American Medical Association (“AMA”) declared obesity as a “disease.” The decision was met with sharp controversy, as it automatically classified millions of overweight Americans as diseased. Critics of the classification believe that obesity is not a disease and that there is no way to determine one’s health based on a number on the scale. The AMA hopes the new label will lead to better coverage and treatment for those who suffer from obesity. More >
Victories for Employers at the Supreme Court Level, cont.
On June 25, 2013, the Supreme Court, in the second big win for employers, clarified what standard employees must meet to successfully pursue a retaliation claim under Title VII of the Civil Rights Act of 1964. No longer will employees be able to prevail on retaliation claims just by demonstrating that retaliation was a “motivating factor” in an employer’s adverse employment action towards the employee. More >
Employers Win In Recent 6th Circuit Pregnancy Wrongful Termination Claims
As has been addressed previously in this blog, the Equal Employment Opportunity Commission (“EEOC”) has placed an emphasis on pursuing complaints of pregnancy discrimination as announced in its Strategic Enforcement Plan (see the post here). Recently the EEOC and the plaintiffs’ bar have filed cases at an increased rate against employers who have allegedly discriminated against pregnant women in the workplace. It goes without saying that such suits can be costly to defend and to ultimately pay if they are successful. More >
“Why Does She Get To Do That?” Handling Questions about Employee ADA Accommodations
The Americans with Disabilities Act (“ADA”) requires any employer with fifteen or more employees to provide reasonable accommodations to individuals with disabilities, as long as doing so does not result in “undue hardship” to the employer. A reasonable accommodation can be any change in the work place that helps a person with a disability to enjoy equal employment opportunities. The ADA has very strict guidelines about when and how an employer may inquire about an employee’s disability. What happens, though, when a non-ADA employee asks you, the employer, why another employee is receiving perceived preferential treatment? 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 >
Can Having Employees Pose for the Camera Pose Problems for You?
Employers have a variety of reasons for using employee photos, including: More >
Can you fire an employee for being too sexy? Don’t count on it, notwithstanding a recent Iowa decision to the contrary.
On the Friday before Christmas, the Iowa Supreme Court issued an opinion in which it held that it is not gender discrimination for a male boss to fire a female subordinate on the grounds that she is an irresistible sexual attraction for him, even when the female employee engaged in no improper conduct. Should you rely on this decision in making hiring and firing decisions? More >
