Contact Us
Subscribe to this blog via RSS
Join us on LinkedInCategories
- FTC
- Emotional Support Animals
- Service Animals
- Employee Agreement
- remote work
- Federal Trade Commission
- LGBTQ
- Minors
- United States Department of Justice ("DOJ")
- work from home
- Arbitration
- Workplace health
- 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
- Genetic Information Nondiscrimination Act ("GINA")
- Kentucky minimum wage
- Minimum wage
- Paid Time Off ("PTO")
- Sick Employees
- Wage and Hour
- Employee Benefits
- Employment Discrimination Laws
- Employment Non-Discrimination Act ("ENDA")
- ERISA
- Human Resource Department
- Independent Contractors
- Kentucky Civil Rights Act (“KCRA”)
- OSHA
- Overtime Pay
- ADA Amendments Act of 2008 (“ADAAA”)
- Adverse Employment Action
- Americans with Disabilities Act
- Civil Rights
- Compliance
- copyright
- Department of Labor ("DOL")
- EEOC
- Employee Handbook
- Employee Misconduct
- Employment Law
- Fair Labor Standards Act (FLSA)
- Family and Medical Leave Act (“FMLA”)
- Intellectual Property
- 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
- U.S. Department of Labor
- U.S. Equal Employment Opportunity Commission (“EEOC”)
- Uncategorized
- Union
- Volunteer
- Work for Hire
- Young v. UPS
- Amazon
- Bring Your Own Device
- BYOD
- Department of Health and Human Services
- Portal-to-Portal Act of 1947
- Security Checks
- Security Screening
- U.S. Supreme Court
- Creech v. Brown
- Federal contractors
- Kentucky Labor Cabinet’s Occupational Safety and Health Program (KOSH)
- Lane v. Franks
- Micro-unit
- Specialty Healthcare & Rehabilitation Center of Mobile
- Cloud
- EEOC v. Hill Country Farms
- Equal Employment Opportunity Commission v. Kaplan Higher Education Corp.
- Kentucky Wage and Hour Act
- Mine Safety and Health Administration ("MSHA")
- Non-exempt employees
- Northwestern
- Shazor v. Prof’l Transit Mgmt.
- Web Content Accessibility Guidelines
- Whistleblower
- WorkSmart Kentucky
- "Ban-the-box"
- 2013)
- At-will employment
- Berrier v. Bizer
- Bullying
- Chapter 11 Bankruptcy
- Chenzira v. Cincinnati Children’s Hospital Medical Center
- 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
- EEOC v. Fabricut
- EEOC v. The Founders Pavilion
- Ehling v. Monmouth-Ocean Hospital Service Corp.
- Federal Stored Communications Act (“SCA”)
- Giant Food LLC
- Government employees
- Government shutdown
- Home Health Care Workers
- Illness and Injury Reports
- Job applications
- Jury duty
- Kentucky Department of Workers’ Claims
- KYSHRM 2013
- Mandatory vaccination policies
- Maternity Leave
- McNamara O’Hara Service Contract Act
- Medical Exams
- NFL Bullying Scandal
- Payroll
- Permissible Exposure Level ("PEL")
- Private employers
- Sebelius v. Hobby Lobby Stores
- Senate Bill 157
- SHRM
- Small Business Administration (SBA)
- Violence
- Wage garnishment
- COBRA
- Defamation
- Defense of Marriage Act (“DOMA”)
- 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
- Health-Contingent Wellness Programs
- HIPAA
- Litigation
- Madry v. Gibraltar National Corporation
- 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
- Record Retention
- Reference checks
- Sequester
- severance pay
- Social Media Ownership
- Supervisor
- Supplemental Unemployment Compensation Benefits
- Tangible employment actions
- tax refund
- Telecommuting
- 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
- Employee Arrests
- Employee photographs
- House Labor and Industry Committee
- Job Description
- Job Requirement
- Kentucky’s Whistleblower Act
- KRS 391.170
- Municipal Liability
- Patient Protection and Affordable Care Act
- posting requirements
- Public Sector Liability
- Religious Employer
- Right to Work Bill
- social privacy laws
- Strategic Enforcement Plan (SEP)
- White v. Baptist Memorial Health Care Corp.
- Wilson v. City of Central City
- Workplace Politics
- Class Action Waivers
- Criminal Background Checks
- Crisis Management
- Employee Performance Reviews
- Employee Personnel Files
- Federal Arbitration Act (FAA)
- Federal Department of Labor
- Informal Discussion Letter (“EEOC Letter”)
- Kentucky Labor Cabinet
- Labor and Pensions ("HELP")
- PhoneDog v. Kravitz
- Salary Threshold
- Social Networking Online Protection Act (SNOP)
- Workplace Discrimination, Harassment and Retaliation
- Business Insurance
- Communications Decency Act
- Employee Contracts
- Hiring and Firing
- Hosanna-Tabor Opinion
- Insurance Coverage
- Internet & Media Law
- Internet Defamation
- National Labor Relations Act
- Non-Compete Agreement
- Retaliation by Association
- Unemployment Benefits
- Uniformed Services Employment and Reemployment Rights Act
- USERRA
Showing 60 posts in Human Resource Department.
Form I-9 Finally Makes Its Appearance
U.S. Citizenship and Immigration Services (“USCIS”) just announced the long-awaited new Form I-9, Employment Eligibility Verification. Although the previous form expired on August 31, 2012, employers have continued using the previous form pending the issuance of the revised form. More >
Telecommuting—No Longer the Way of the Future?
Marissa Mayer is making news. She may also be single-handedly changing employer policies across the country. As Yahoo’s new CEO, Mayer already made headlines as the youngest female CEO in a Fortune 500 company. But now she is becoming known for what she does and not just who she is. Mayer recently instituted a ban on telecommuting for all Yahoo employees. The decision was a massive shock to company employees who routinely worked from remote locations. After all, it seems paradoxical that a tech giant like Yahoo requires employees to be physically present in the office for work when technology permits otherwise. More >
New FMLA Poster Required in the Workplace
On February 4, 2013, the U.S. Department of Labor (“DOL”) marked the 20th anniversary of the signing of the Federal Medical Leave Act (“FMLA”) into law by issuing a final rule which implements two expansions of FMLA leave. More >
Innocent Until Proven Guilty, But Employed, Too? How to Handle Employee Arrests
Employers routinely encounter employee situations that leave them in a bind: illness, pregnancy, or the rogue employee who walks out without notice. There is also another situation that can leave employers scratching their head and calling the HR department: what do you do when an employee is arrested? More >
Employee’s Role in Timekeeping Emphasized in New Sixth Circuit Opinion
A recent court ruling by the Sixth Circuit, which includes Kentucky, has received extensive publicity for its holding relative to employer’s obligations for employee lunch breaks. In White v. Baptist Memorial Health Care Corp., 11-5717 (6th Cir. App. 2012), the United States Court of Appeals for the Sixth Circuit held that the employee “bears some responsibility for the proper implementation of the FLSA’s overtime provisions […] an employee cannot undermine his employer’s efforts to comply with the FLSA by consciously omitting overtime hours for which he knew he could be paid.”[1] More >
Your Employees Get Tips, So Should You
Some tips for complying with state and federal wage and hour laws for tipped employees. 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 >
Employment Screening: Medical Inquiries and Examinations
A number of federal and state laws protect employees from discrimination and prohibit the employer’s use of discriminatory tests and procedures to select such employees. These laws are imperative to ensure that the rights and interests of citizens are protected. What happens, however, when an employer has no discriminatory intent, but simply needs to determine whether an applicant is physically able to perform the job duties necessary for a particular position? More >
Kentucky’s Municipal Employers Achieve Major Victory in 2012
For many, December is a time for reminiscing on the events that shaped the previous year. In our professional lives, this time affords many of us the opportunity to note those developments throughout the year that will shape and impact the year to come, or with a recent major victory for municipalities in the Commonwealth of Kentucky, years to come. Thanks in part to the vigilant efforts of McBrayer PLLC, municipal employers in Kentucky scored a resounding victory in 2012 concerning interpretation of Kentucky’s Whistleblower Act. For these municipal employers, reduced exposure to liability awaits them in 2013 and beyond. More >
Fresenius USA Manufacturing, Inc.- Forcing Employers to Navigate the crossroads of workplace harassment & the NLRA
Properly navigating workplace harassment laws is a tricky endeavor for any company. A recent decision from the National Labor Relations Board (NLRB) in Fresenius USA Manufacturing, Inc. (September 19, 2012) makes employers’ obligations in this arena even more uncertain. More >
