Contact Us
Categories
- Center for Disease Control
- Americans with Disabilities Act ("ADA")
- FFCRA
- Opioid Epidemic
- Occupational Safety and Health Administration (“OSHA”)
- COVID-19
- Temporary Leave
- IRS
- Treasury
- Paid Sick Leave
- Families First Coronavirus Response Act
- H.R.6201
- Health Care Law
- Coronavirus
- Worker Misclassification
- Labor Law
- Overtime
- Salary Theshold
- Kentucky Unemployment Insurance Commission
- Sexual Harassment
- FMLA Retaliation
- overtime rule
- Employer Wellness Programs
- Genetic Information Nondiscrimination Act ("GINA")
- Kentucky minimum wage
- Minimum wage
- Paid Time Off ("PTO")
- Sick Employees
- Wage and Hour
- Employee Benefits
- Employment Non-Discrimination Act ("ENDA")
- Human Resource Department
- Independent Contractors
- OSHA
- Employment Discrimination Laws
- ERISA
- Kentucky Civil Rights Act (“KCRA”)
- Overtime Pay
- Fair Labor Standards Act (FLSA)
- U.S. Department of Labor
- Union
- 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)
- Pregnancy Discrimination Act
- Social Media
- Social Media Policies
- Title VII of the 1964 Civil Rights Act
- Uncategorized
- Young v. UPS
- Americans with Disabilities Act
- Bring Your Own Device
- BYOD
- Civil Rights
- Compliance
- copyright
- EEOC
- Intellectual Property
- U.S. Equal Employment Opportunity Commission (“EEOC”)
- Volunteer
- Work for Hire
- Amazon
- Department of Health and Human Services
- Portal-to-Portal Act of 1947
- Security Screening
- U.S. Supreme Court
- Security Checks
- Federal contractors
- Kentucky Labor Cabinet’s Occupational Safety and Health Program (KOSH)
- Micro-unit
- Specialty Healthcare & Rehabilitation Center of Mobile
- Lane v. Franks
- Cloud
- Creech v. Brown
- EEOC v. Hill Country Farms
- Equal Employment Opportunity Commission v. Kaplan Higher Education Corp.
- Non-exempt employees
- Mine Safety and Health Administration ("MSHA")
- Northwestern
- Shazor v. Prof’l Transit Mgmt.
- Web Content Accessibility Guidelines
- Whistleblower
- Crystalline Silica
- Illness and Injury Reports
- Kentucky Wage and Hour Act
- Permissible Exposure Level ("PEL")
- WorkSmart Kentucky
- "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”)
- 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
- Job applications
- Jury duty
- Kentucky Department of Workers’ Claims
- Maternity Leave
- McNamara O’Hara Service Contract Act
- NFL Bullying Scandal
- Payroll
- Sebelius v. Hobby Lobby Stores
- Senate Bill 157
- Violence
- Wage garnishment
- At-will employment
- Chapter 11 Bankruptcy
- Chenzira v. Cincinnati Children’s Hospital Medical Center
- COBRA
- Defense of Marriage Act (“DOMA”)
- EEOC v. Fabricut
- EEOC v. The Founders Pavilion
- Giant Food LLC
- Government employees
- Government shutdown
- Health-Contingent Wellness Programs
- HIPAA
- KYSHRM 2013
- Mandatory vaccination policies
- Medical Exams
- Participatory Wellness Programs
- Pennington v. Wagner’s Pharmacy
- Pension Plans
- Private employers
- SHRM
- Small Business Administration (SBA)
- United States v. Windsor
- Defamation
- Employee Hazards
- Employee of the Month Programs
- Employee Training
- Endorsements
- Federal Workplace Agencies
- Freedom of Speech
- Madry v. Gibraltar National Corporation
- Megivern v. Glacier Hills Incorporated
- Motivating Factor
- Obesity
- Online Defamation
- Reference checks
- Sequester
- Social Media Ownership
- Supervisor
- Tangible employment actions
- Title VII retaliation cases
- Troyer v. T.John.E Productions
- Unfair Labor Practice
- University of Texas Southwestern Medical Center v. Nassar
- Vance v. Ball State University
- Contraceptive Mandate
- Employee Forms
- Employee photographs
- Employer Group Health Plans
- Employer Mandate
- Employment Practices Liability Insurance
- FICA
- Form I-9
- Gatto v. United Airlines and allied Aviation Services
- House Labor and Industry Committee
- KRS 391.170
- Litigation
- Online Account Protection
- 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
- Employee Arrests
- Kentucky’s Whistleblower Act
- Municipal Liability
- Public Sector Liability
- White v. Baptist Memorial Health Care Corp.
- Wilson v. City of Central City
- Crisis Management
- Job Description
- Job Requirement
- PhoneDog v. Kravitz
- social privacy laws
- Strategic Enforcement Plan (SEP)
- Workplace Politics
- Federal Department of Labor
- Kentucky Labor Cabinet
- Labor and Pensions ("HELP")
- Social Networking Online Protection Act (SNOP)
- Class Action Waivers
- Criminal Background Checks
- Employee Performance Reviews
- Employee Personnel Files
- Federal Arbitration Act (FAA)
- Hiring and Firing
- Informal Discussion Letter (“EEOC Letter”)
- Retaliation by Association
- Unemployment Benefits
- Workplace Discrimination, Harassment and Retaliation
- Business Insurance
- Communications Decency Act
- Employee Contracts
- Hosanna-Tabor Opinion
- Insurance Coverage
- Internet & Media Law
- Internet Defamation
- National Labor Relations Act
- Non-Compete Agreement
- Uniformed Services Employment and Reemployment Rights Act
- USERRA
Showing 52 posts in Hiring and Firing.
Kentucky Supreme Court Decision Drastically Impacts All Non-Compete Agreements
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
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 >
EEOC Sues Companies for Transgender Discrimination
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
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
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
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 >
An Important New Decision Affects Non-Compete Agreements in Kentucky
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
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 >