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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 >
