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Showing 102 posts in Employment Law.
Keeping Off-The-Clock Work On Your Radar
There are lots of things that an employer must be mindful of on an ongoing basis, but near the top of that list should be the prohibition of non-exempt employees’ off-the-clock work. This common problem can easily escape an employer’s attention, but it can have an incredibly negative and costly impact if an employee (or, employees) brings a wage and hour suit. Just ask LinkedIn. More >
The Five P’s of an Unannounced DOL Visit
Department of Labor (“DOL”) inspections are on the rise. Sometimes, advance notice is given as to when an investigator will be arriving; other times, the investigator may decide to make an unannounced visit. When an investigator shows up unannounced and ready to conduct an immediate wage and hour investigation, it can be a nerve-racking experience for any employer. The first thing to do is remain calm and approachable – you do not want to get off on the wrong foot with any federal investigator. The next thing to do? Keep in mind the 5 P’s! More >
Don’t Get Burned With Teens Working During Summer Months
Ah, summer. Crowded pools, yards in need of tending, restaurants overflowing with customers – all present the perfect work opportunity for teenagers. For employers, hiring a seasonal or temporary workforce of teenagers comes with a few extra things to keep in mind. The federal law controlling child labor is the Fair Labor Standards Act, but Kentucky also has its own set of child labor laws with which employers must comply. As the summer heats up, remember these things to avoid getting burned with legal troubles: More >
Have You Conducted a Mid-Year Performance Review?
As we find ourselves halfway through 2014, I suggest that employers pause to consider conducting a mid-year performance review. Many employers meet their annual review process with a certain amount of dread and, thus, doing it twice seems rather painful. There are, however, compelling reasons to conduct a bi-annual review for your workforce. Let’s consider a few of the positive things that come from this practice: More >
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 >
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 >
The Use of Background Checks in Hiring Procedures
The Sixth Circuit (encompassing Kentucky, Michigan, Tennessee and Ohio) recently sent a strong message that baseless suits against employers will not survive summary judgment. The case, Equal Employment Opportunity Commission v. Kaplan Higher Education Corp. et al., No. 13-3408 (6th Cir., Apr. 9, 2014), involved the use of credit checks in hiring decisions. More >
Detecting FMLA Abuse
Dealing with employees who abuse FMLA can be difficult. Letting abuse run rampant, however, can impact business productivity and put a damper on company morale (as present employees often have to pick up the slack of someone on leave). Employers who detect abuse must proceed with caution because it is very easy to run afoul of regulations. More >
Curbing FMLA Abuse
The Family Medical Leave Act (“FMLA”) permits eligible employees to take up to 12 work weeks of leave during a 12-month period if a serious health condition makes the employee unable to perform the functions of his or her position. When an employer suspects that an employee is abusing the FMLA leave, employers may feel caught in a classic Catch-22. They can ignore the abuse and operate with a reduced workforce, or subject themselves to an interference or defamation suit if they decide to challenge or confront the employee about the questionable leave. More >
Mind Regulations When It Is Time To Mine
The Department of Labor recently issued a reminder to employers involved in the mining industry. As spring (slowly) approaches, surface mines will reopen. As miners head back to the job site and prepare equipment for the new season, potential for injury is high. More >
