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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 >
Five things for HR Professionals to Double-Check Yesterday (Or as Soon as Possible)
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 >
#MeToo in Public Employment: Sexual Harassment and the new Accountability
The #MeToo movement has sparked a powerful, necessary and long overdue conversation, and it is one that has reverberated with employees and employers everywhere. This is doubly true in the halls of local governmental entities who feel the ripple effects of accountability that have spread across the nation. Unlike traditional employers, governmental entities possess several unique features which can, unknowingly and even unintentionally, reinforce bad behavior. In the #MeToo era, it is time for governmental entities to take stock of their sexual harassment policies and work now to avoid future liability. More >
A Felony Conviction is No Longer a Bar to Employment Licensing in Kentucky
Employment is a basic need – everyone has to achieve some form of consistent revenue to survive. Many professions are required by the state to obtain some form of licensure as a means to police their ranks and assure that all those who hold themselves out as members of the profession meet minimum standards. Until 2017, however, many applicants with a felony conviction were barred from receiving occupational licenses, preventing many from finding good jobs in their trained professions. 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 >
