Contact Us
Subscribe to this blog via RSS
Join us on LinkedInCategories
- 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
- Employment Non-Discrimination Act ("ENDA")
- Independent Contractors
- Employee Benefits
- Human Resource Department
- OSHA
- Employment Discrimination Laws
- ERISA
- Overtime Pay
- Kentucky Civil Rights Act (“KCRA”)
- Fair Labor Standards Act (FLSA)
- Social Media
- Social Media Policies
- 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
- Title VII of the 1964 Civil Rights Act
- Uncategorized
- Young v. UPS
- Americans with Disabilities Act
- Civil Rights
- Compliance
- EEOC
- U.S. Equal Employment Opportunity Commission (“EEOC”)
- Volunteer
- Bring Your Own Device
- BYOD
- copyright
- Intellectual Property
- Work for Hire
- 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)
- Micro-unit
- Security Checks
- Specialty Healthcare & Rehabilitation Center of Mobile
- Lane v. Franks
- Creech v. Brown
- EEOC v. Hill Country Farms
- Cloud
- Equal Employment Opportunity Commission v. Kaplan Higher Education Corp.
- Mine Safety and Health Administration ("MSHA")
- Non-exempt employees
- Northwestern
- Whistleblower
- Shazor v. Prof’l Transit Mgmt.
- Web Content Accessibility Guidelines
- 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
- 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
- Government employees
- Government shutdown
- Home Health Care Workers
- KYSHRM 2013
- Mandatory vaccination policies
- Maternity Leave
- Medical Exams
- NADSA Conference
- Private employers
- SHRM
- Small Business Administration (SBA)
- COBRA
- Defense of Marriage Act (“DOMA”)
- Employee of the Month Programs
- Giant Food LLC
- Health-Contingent Wellness Programs
- HIPAA
- Obesity
- Participatory Wellness Programs
- Pennington v. Wagner’s Pharmacy
- Pension Plans
- Reference checks
- United States v. Windsor
- Defamation
- Employee Hazards
- Employee Training
- Endorsements
- Federal Workplace Agencies
- Freedom of Speech
- Madry v. Gibraltar National Corporation
- Megivern v. Glacier Hills Incorporated
- Motivating Factor
- Online Defamation
- 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
- Employee Forms
- Employer Group Health Plans
- Employer Mandate
- Employment Practices Liability Insurance
- FICA
- Form I-9
- Gatto v. United Airlines and allied Aviation Services
- Litigation
- Online Account Protection
- Play or Pay
- Record Retention
- severance pay
- Supplemental Unemployment Compensation Benefits
- tax refund
- Telecommuting
- U.S. Citizenship and Immigration Services
- United States v. Quality Stores
- Contraceptive Mandate
- Employee Arrests
- Employee photographs
- House Labor and Industry Committee
- KRS 391.170
- Patient Protection and Affordable Care Act
- posting requirements
- Religious Employer
- Right to Work Bill
- White v. Baptist Memorial Health Care Corp.
- Kentucky’s Whistleblower Act
- Municipal Liability
- Public Sector Liability
- Wilson v. City of Central City
- Crisis Management
- Job Description
- Job Requirement
- Labor and Pensions ("HELP")
- PhoneDog v. Kravitz
- social privacy laws
- Strategic Enforcement Plan (SEP)
- Workplace Politics
- Federal Department of Labor
- Kentucky Labor Cabinet
- Social Networking Online Protection Act (SNOP)
- Class Action Waivers
- Criminal Background Checks
- Employee Performance Reviews
- Employee Personnel Files
- Federal Arbitration Act (FAA)
- Informal Discussion Letter (“EEOC Letter”)
- Workplace Discrimination, Harassment and Retaliation
- Hiring and Firing
- Hosanna-Tabor Opinion
- National Labor Relations Act
- Retaliation by Association
- Unemployment Benefits
- Business Insurance
- Communications Decency Act
- Employee Contracts
- Insurance Coverage
- Internet & Media Law
- Internet Defamation
- Non-Compete Agreement
- Uniformed Services Employment and Reemployment Rights Act
- USERRA
Showing 10 posts tagged employment law.
ALERT: NEW E-DELIVERY RULES FOR ERISA PENSION PLANS ON THE HORIZON
In October, the U.S. Department of Labor (DOL) published a proposed rule that encourages electronic delivery of ERISA-required plan disclosures. It allows plan administrators to post disclosures online to cut costs of paper delivery and is a voluntary safe harbor that plans can use to make documents accessible on a website instead of mailing paper documents. More >
What You Don’t Know about Labor Law Can Hurt You – Do You Have These Three Illegal Handbook Provisions?
You set up your business entity to shield you from liability issues, you consult with an employment attorney to ensure compliance with the Americans with Disability Act and Title VII, and you’ve made sure that your health plan and retirement accounts comply with the mandates of the Affordable Care Act and ERISA. You think you’ve covered all your bases, so you next begin work crafting common-sense policies to ensure a smoothly-operating business. And that’s when you step in it. More >
Alert: Department of Labor Releases Final Rule on Overtime; Salary Threshold Raised
On Tuesday, September 24, 2019, the Department of Labor (“DOL”) issued a Final Rule that raises the salary threshold for exemption from overtime pay to $35,568 per year. This rule was proposed in March of 2019, and it appears that the Final Rule is substantially similar. This Final Rule follows years of uncertainty after an overtime overhaul put in place under the Obama administration was held up in the courts and ultimately scrapped. More >
ALERT: Chad C. Brown, Inc. and Horse Trainer Chad Brown must pay $1.6M in Department of Labor Wage and Hour Violations Investigation
In a development that should make every horse operation in Kentucky stand up and take notice, trainer Chad Brown will pay $1.6 million to cover back wages, liquidated damages and civil penalties for what the Department of Labor (“DOL”) considers to be willful violations of the Fair Labor Standards Act (“FLSA”) and the H-2B non-immigrant visa program. More >
ALERT: Kentucky Court of Appeals Overturns Law Allowing Employees to Represent Employers in Unemployment Hearings
The Kentucky Court of Appeals released an opinion this week that may have a profound impact on employers defending claims in administrative hearings for unemployment insurance benefits. In Nichols v. Kentucky Unemployment Insurance Commission; and Norton Healthcare, Inc., the Court of Appeals held that sections of KRS 341.470 to be an unconstitutional violation of separation of powers. That statute allowed employers to be represented by management employees, officers or other agents in hearings before any referee or commission regarding unemployment compensation. More >
Title VII Protections for Transgender Status: Sixth Circuit Affirms, but the Future is Unclear
The Equal Employment Opportunity Commission (“EEOC”) has interpreted Title VII to include protections against discrimination for transgender employees. Title VII is the portion of the Civil Rights Act of 1964 that prohibits employment discrimination against any individual with respect to the terms, conditions, or privileges of employment because of the individual’s race, color, sex, religion, or national origin. See 42 U.S.C. § 2000e-2(a)(1). Under Title VII, the EEOC has found that actions taken by employers detrimental to transgender individuals can qualify as discrimination on the basis of sex. The implication of this interpretation is one that will affect employers throughout Kentucky, and these employers should be aware of what the interpretation means in practice. More >
EEOC Litigation Trends: Employers, Pay Attention
The activity of the United States Equal Employment Opportunity Commission (“EEOC”) in recent years is enough to keep any employer up at night. In order to comply with federal law, ensure a safe work environment, and manage hiring practices that protect both employers and employees, one of the safest bets a business can make is to stay abreast of trends in EEOC litigation. With this in mind, the following is a list of some of the most interesting recent developments out of the EEOC and a forecast of what’s to come. More >
Employers: Don’t Let Bad Weather Rain on Your Parade
The weather outside is terrible, and you want to close down your business for the duration. Can you cancel a work day or send your employees home early without pay for the duration of the closure? The answer is a bit complicated, and it depends on each employee’s classification as non-exempt or exempt where the overtime rules are concerned. More >
Overtime Law Update – One Rule Stalled, One Law Gaining Momentum
In 2015 and 2016, the Obama administration’s Department of Labor (“DOL”) released proposed and final rules that were set to dramatically change the face of overtime exemptions by raising the threshold salary requirement to around $47,500. The Final Rule became effective as of December 1st, 2016, but several contemporaneous events have worked to upend the new regulation, and changes are afoot even now with respect to overtime. It’s time to take a quick look at the status of overtime regulations. 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 >
