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McBrayer Blogs

Showing 60 posts in Human Resource Department.

Abusive or Offensive Language? NLRB Says “@#$% No” to Section 7 Protection

On July 21, 2020, the National Labor Relations Board (“NLRB”) issued an important decision in General Motors, LLC and Charles Robinson, modifying the standard to be used in determining whether an employee has been unlawfully disciplined or discharged for abusive or offensive statements or conduct while engaged in protected concerted activity under Section 7 of the National Labor Relations Act (“NLRA”). This decision is intended to provide needed clarity and give employers more leeway in disciplining employees for egregious misconduct and upholding existing anti-discrimination laws and policies. More >

Five things for HR Professionals to Double-Check Yesterday (Or as Soon as Possible)

Posted In Employment Law, Human Resource Department

In the day-to-day rush of business, it’s easy to overlook key employment issues, but they have a way of turning into true headaches for HR professionals. Below are five HR matters that have a habit of becoming bigger problems for employers, and if you aren’t paying attention to them, you may be putting the business at serious risk. More >

Recap of the Webinar, "The New Overtime Rules Are Coming - Are You Ready?"

Posted In Employee Benefits, Employee Handbook, Employment Law, Human Resource Department, Overtime Pay

On  Thursday, July 30th, McBrayer hosted a webinar entitled, "The New Overtime Rules Are Coming - Are You Ready?" The webinar was hosted by attorney Cynthia L. Effinger of McBrayer's Louisville office. This well-attended drew participants eager to understand how the recently-released Department of Labor Notice of Proposed Rulemaking will affect employers throughout the state and nation. This webinar focused on the following core concepts: More >

HIPAA Considerations In The Event Of Employee Death or Incapacitation

The Health Insurance Portability and Accountability Act of 1996, otherwise known as HIPAA, acts in part to provide federal protection for identifiable health information retained by covered entities, which includes most businesses that offer company health plans. While many employers have policies and procedures in place to ensure HIPAA compliance in routine, every day matters relating to the management of employee health data, few employers have developed policies or even considered how to manage protected health information in the unfortunate event of employee death or incapacitation. More >

blogs-Employment-Law-Blog,updated-enhanced-eeoc-enforcement-guidance-what-does-it-mean-for-employers-and-pregnant-employees

In our previous blog post, we discussed and detailed the Pregnancy Discrimination Act and the stringent Enforcement Guidelines distributed by the EEOC this summer. On December 3rd, the United States Supreme Court will hear oral argument in Young v. United Parcel Service, and decide whether the EEOC interpreted the Pregnancy Discrimination Act correctly in deciding that an employer is “obligated to treat a pregnant employee temporarily unable to perform the functions of her job the same as it treats other employees similarly unable to perform their jobs, whether by providing modified tasks, alternative assignments, leave, or fringe benefits.” More >

Updated & Enhanced EEOC Enforcement Guidance – What Does it Mean for Employers and Pregnant Employees?

In 2013 alone, 5,342 discrimination claims were filed alleging pregnancy discrimination. The result – employers paid out over $17 million in monetary benefits last year. In fact, the EEOC’s statistics do not include monetary benefits obtained through litigation; thus, employers likely paid out a significant amount more than $17 million. To avoid adding to this figure, employers must pay particular attention to pregnancy discrimination in the workplace, be mindful of what is required to comply with federal and state law, and take precautions to ensure that no discriminatory practices exist in the workplace. More >

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 >

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 >

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