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Showing 52 posts in Hiring and Firing.

Kentucky Supreme Court Decision Drastically Impacts All Non-Compete Agreements

By Cynthia L. Effinger on November 20, 2014
Posted In Creech v. Brown, Employee Benefits, Employee Contracts, Employee Handbook, Employee Personnel Files, Employment Law, Hiring and Firing, Human Resource Department, Non-Compete Agreement

Earlier this year, the Kentucky Supreme Court reversed the Kentucky Court of Appeals’ holding in Creech, Inc. v. Brown, and held, in a landmark decision, that continued employment, standing alone, is no longer sufficient consideration to justify or support enforcement of a non-compete agreement. This reverses prior precedent that employer-employee agreements may be executed in exchange for merely retaining one’s job. While the case has an intricate and complex set of facts, this article focuses on the consideration requirement only, as the Kentucky Supreme Court chose not to address any other issues. More >

Getting “Sandwiched” Into a Non-Compete Agreement

November 6, 2014
Posted In Employee Contracts, Employee Forms, Employee Handbook, Employee Training, Employment Law, Hiring and Firing, Human Resource Department, Job Description, Job Requirement, Non-Compete Agreement

The Huffington Post recently reported that Jimmy John’s, the national sandwich chain, requires its workers to sign strict non-compete agreements. The agreement was disclosed as part of a lawsuit by employees, and many in the employment industry are wondering if such an agreement is really necessary for the company’s minimum wage workers. These agreements are usually saved for high-level executives or those subject to proprietary information – not the guy behind the counter making a sub. More >

Tags: employment agreement, employment law, Jimmy John, Non-compete agreements

EEOC Sues Companies for Transgender Discrimination

October 13, 2014
Posted In EEOC, Employee Hazards, Hiring and Firing, Litigation, Title VII of the 1964 Civil Rights Act

The Equal Employment Opportunity Commission (“EEOC”) has just filed suit against two companies for alleged discrimination against transgendered employees. The suits were filed separately in Florida and Michigan, against Lakeland Eye Clinic and G.R. Harris Funeral Homes, Inc., respectively. In both cases, employees alleged that they were fired after they disclosed they were undergoing gender transitions. More >

EEOC Sues Home Care Agency for GINA Violation

October 6, 2014
Posted In EEOC, Employee Forms, Employment Discrimination Laws, Employment Law, Genetic Information Nondiscrimination Act ("GINA"), Hiring and Firing

On September 17, 2014, the Equal Employment Opportunity Commission (“EEOC”) issued a press release announcing it is suing BNV Home Care Agency, Inc. (“BNV”) for practices that are prohibited by the Genetic Information Nondiscrimination Act (“GINA”). More >

US Supreme Court Will Review Important Case Affecting Pregnant Workers

By Cynthia L. Effinger on July 14, 2014
Posted In Adverse Employment Action, Employee Benefits, Employment Law, Hiring and Firing, Litigation, Maternity Leave, Pregnancy Discrimination Act

The U.S. Supreme Court has just agreed to review Young v. UPS, a decision that will determine whether and to what extent an employer must provide pregnant employees with work accommodations, such as light duty, that are given to other workers with disabilities. More >

Don’t Get Burned With Teens Working During Summer Months

July 9, 2014
Posted In Employee Hazards, Employment Law, Fair Labor Standards Act (FLSA), Hiring and Firing, Human Resource Department

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?

July 2, 2014
Posted In Employee Performance Reviews, Employment Law, Hiring and Firing, Human Resource Department

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

By Luke A. Wingfield on June 30, 2014
Posted In Employment Law, Hiring and Firing, Lane v. Franks, Litigation

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 >

An Important New Decision Affects Non-Compete Agreements in Kentucky

June 20, 2014
Posted In Creech v. Brown, Employee Benefits, Employee Contracts, Employment Law, Hiring and Firing, Litigation, Non-Compete Agreement

The Kentucky Supreme Court recently reversed the Kentucky Court of Appeals’ holding in Creech, Inc. v. Brown, and declared that continued employment, standing alone, is no longer sufficient consideration to justify or support enforcement of a non-competition agreement. In the course of reaching its decision, the Court clarified prior case law dealing with the issue of whether non-competition agreements may be executed in exchange for merely retaining one’s job. While the case has an intricate and complex set of facts, this post focuses on the consideration requirement only. More >

Guidelines for Hiring Summer Interns

June 2, 2014
Posted In Department of Labor ("DOL"), Employee Benefits, Employment Law, Hiring and Firing, Human Resource Department, Kentucky Labor Cabinet, Wage and Hour

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 >

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