Contact Us
Subscribe to this blog via RSS
Join us on LinkedInCategories
- 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
- Wage and Hour
- Employment Non-Discrimination Act ("ENDA")
- Independent Contractors
- Paid Time Off ("PTO")
- Sick Employees
- Employee Benefits
- Employment Discrimination Laws
- ERISA
- Human Resource Department
- OSHA
- Kentucky Civil Rights Act (“KCRA”)
- Overtime Pay
- Fair Labor Standards Act (FLSA)
- U.S. Department of Labor
- ADA Amendments Act of 2008 (“ADAAA”)
- Department of Labor ("DOL")
- Employee Handbook
- Employee Misconduct
- 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
- Union
- Young v. UPS
- Adverse Employment Action
- Americans with Disabilities Act
- Civil Rights
- Compliance
- copyright
- EEOC
- Employment Law
- Intellectual Property
- U.S. Equal Employment Opportunity Commission (“EEOC”)
- Uncategorized
- Volunteer
- Work for Hire
- Bring Your Own Device
- BYOD
- Amazon
- Department of Health and Human Services
- Portal-to-Portal Act of 1947
- Security Screening
- U.S. Supreme Court
- Federal contractors
- Kentucky Labor Cabinet’s Occupational Safety and Health Program (KOSH)
- Security Checks
- Micro-unit
- Specialty Healthcare & Rehabilitation Center of Mobile
- Creech v. Brown
- Lane v. Franks
- Cloud
- 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)
- Bullying
- Citizens United v. Federal Election Commission
- 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”)
- 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
- Berrier v. Bizer
- Chapter 11 Bankruptcy
- Chenzira v. Cincinnati Children’s Hospital Medical Center
- Companionship services
- EEOC v. Fabricut
- EEOC v. The Founders Pavilion
- Giant Food LLC
- Government employees
- Government shutdown
- Home Health Care Workers
- KYSHRM 2013
- Mandatory vaccination policies
- Medical Exams
- Private employers
- SHRM
- Small Business Administration (SBA)
- COBRA
- Defamation
- Defense of Marriage Act (“DOMA”)
- Employee of the Month Programs
- Endorsements
- Freedom of Speech
- Health-Contingent Wellness Programs
- HIPAA
- Madry v. Gibraltar National Corporation
- Megivern v. Glacier Hills Incorporated
- Motivating Factor
- Obesity
- Online Defamation
- Participatory Wellness Programs
- Pennington v. Wagner’s Pharmacy
- Pension Plans
- Reference checks
- Social Media Ownership
- Supervisor
- Tangible employment actions
- Title VII retaliation cases
- Troyer v. T.John.E Productions
- United States v. Windsor
- University of Texas Southwestern Medical Center v. Nassar
- Vance v. Ball State University
- Employee Hazards
- Employee Training
- Employer Group Health Plans
- Employer Mandate
- Employment Practices Liability Insurance
- Federal Workplace Agencies
- FICA
- Gatto v. United Airlines and allied Aviation Services
- Litigation
- Online Account Protection
- Play or Pay
- Record Retention
- Sequester
- severance pay
- Supplemental Unemployment Compensation Benefits
- tax refund
- Unfair Labor Practice
- United States v. Quality Stores
- Contraceptive Mandate
- Employee Arrests
- Employee Forms
- Employee photographs
- Form I-9
- House Labor and Industry Committee
- KRS 391.170
- Patient Protection and Affordable Care Act
- posting requirements
- Religious Employer
- Right to Work Bill
- Telecommuting
- U.S. Citizenship and Immigration Services
- White v. Baptist Memorial Health Care Corp.
- Job Description
- Job Requirement
- Kentucky’s Whistleblower Act
- Municipal Liability
- Public Sector Liability
- Strategic Enforcement Plan (SEP)
- Wilson v. City of Central City
- Crisis Management
- Labor and Pensions ("HELP")
- PhoneDog v. Kravitz
- Social Networking Online Protection Act (SNOP)
- social privacy laws
- Workplace Politics
- Federal Department of Labor
- Kentucky Labor Cabinet
- Class Action Waivers
- Criminal Background Checks
- Employee Performance Reviews
- Employee Personnel Files
- Federal Arbitration Act (FAA)
- Hiring and Firing
- Informal Discussion Letter (“EEOC Letter”)
- National Labor Relations Act
- 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
- Non-Compete Agreement
- Uniformed Services Employment and Reemployment Rights Act
- USERRA
Showing 21 posts in Wage and Hour.
ALERT – Federal Court Blocks Overtime Rule
The impending change to federal overtime regulations has been put on hold by the U.S. District Court in the Eastern District of Texas. The court granted a nationwide preliminary injunction against the Department of Labor’s implementation of the rule, as the rule faces challenges from 21 states. More >
ALERT – DOL Issues Final Overtime Rule
The Department of Labor (“DOL”) issued the long-awaited Final Rule on overtime exemptions on Wednesday, May 18, 2016, providing hard numbers and a plan for incremental increases to the “white collar” salary exemption. More >
Rethinking the 24/7 Response
Always connected. Always available. Always responsive. In an era where personal electronic devices have become more of a technological appendage than merely a handy gadget, a growing number of employers are grappling with the question of how well-connected their employees should be. Employers certainly benefit from the ability of employees to be available at all times and through instantaneous connection. The instant problem is the way in which this constant connectivity begins to warp the work-life balance. Should employees respond to employment-related emails after hours? Should they text back to the boss in the evenings to respond to work inquiries? Should employers expect employees to be responsive around the clock? Some employers are beginning to change their expectations for employee responsiveness after hours, and possibly just in time to stave off impending wage and hour law implications. More >
Keeping Off-The-Clock Work On Your Radar
There are lots of things that an employer must be mindful of on an ongoing basis, but near the top of that list should be the prohibition of non-exempt employees’ off-the-clock work. This common problem can easily escape an employer’s attention, but it can have an incredibly negative and costly impact if an employee (or, employees) brings a wage and hour suit. Just ask LinkedIn. 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 >
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 >
Cloud Concerns for Employers: Part 1
Most employers are relying on cloud computing these days. While it may sound like a complex term, cloud computing is really just a way to store and access data and programs over the Internet instead of a computer's hard drive. If you are using Google Docs, DropBox, or Skype at your office, then you have been in the cloud. More >
More Workers Eligible for Overtime in the Future
On March 13, President Obama signed an order authorizing the Labor Department to examine ways to expand the number of workers eligible for overtime pay. According to the President, businesses are classifying too many employees as “professional” or “executive,” thereby excluding them from overtime pay. The President stated that “[m]illions of Americans aren’t getting the extra pay they deserve.” The order is part of the Administration’s effort to address the nation’s income gap; the President is also urging Congress to raise the federal minimum wage from $7.25 per hour to $10.10. More >
Dealing with the DOL at Your Door, Part II
Much of the anxiety that a Department of Labor (“DOL”) Wage and Hour Division (“WHD”) investigation causes is due to the mystery of the investigative process. In this case, what you don’t know can hurt you. If an employer is unaware of the process or its demands, too much or too little information may be handed over – resulting in negative consequences. Let’s take a look at how the investigation will be conducted once the DOL investigator steps inside the workplace. More >
Dealing with the DOL at Your Door, Part I
The United States Department of Labor (“DOL”) conducts workplace inspections for potential violations of wage and hour laws. Employers often place frantic telephone calls to their lawyer when an investigator from the Wage and Hour Division (“WHD”) knocks on their door for good reason: a DOL investigation should be taken seriously. Any last-minute attempt to pass muster typically falls short, and leaves an employer in violation of wage and hour laws which may subject them to hefty fines. A violation can result in wage restitution, interest, and liquidated damages. Preparedness is key, and an employer’s institution of the following five guidelines can drastically improve their position should the DOL initiate an investigation. More >
