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New FMLA Poster Required in the Workplace

February 21, 2013
Posted In Employment Law, Family and Medical Leave Act (“FMLA”), Human Resource Department, Posting Requirements

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

February 18, 2013
Posted In Crisis Management, EEOC, Employee Arrests, Employee Misconduct, Employment Law, Hiring and Firing, Human Resource Department

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

February 11, 2013
Posted In Employment Law, Fair Labor Standards Act (FLSA), Hiring and Firing, Human Resource Department, Job Requirement, Kentucky Labor Cabinet, Wage and Hour, White v. Baptist Memorial Health Care Corp.

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

January 25, 2013
Posted In Employment Law, Human Resource Department, Kentucky Labor Cabinet, U.S. Department of Labor, Wage and Hour

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.

January 7, 2013
Posted In Employee Misconduct, Employment Discrimination Laws, Employment Law, Hiring and Firing, Human Resource Department, Workplace Discrimination, Harassment and Retaliation

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 >

Internet Defamation—What Can You Do When You Are the Target?

December 27, 2012
Posted In Communications Decency Act, Employment Law, Internet & Media Law, Internet Defamation, Social Media, Social Media Policies, Social Privacy Laws

We’ve all seen them.  Anonymous spewing hate-filled, defamatory statements on Facebook and Twitter, as well as in the comment pages of news stories on both local and national news.  The commenters have a certain entertainment value, until you or your business are in their sights.  So what do you do?  The answer is not always so simple, especially when you don’t even know who is speaking. More >

Employment Screening: Medical Inquiries and Examinations

December 19, 2012
Posted In Americans with Disabilities Act, Employment Law, Human Resource Department, Workplace Discrimination, Harassment and Retaliation

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

December 12, 2012
Posted In Civil Rights, Employment Law, Hiring and Firing, Human Resource Department, Kentucky’s Whistleblower Act, Municipal Liability, Public Sector Liability, Wilson v. City of Central City, Workplace Discrimination, Harassment and Retaliation

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

December 5, 2012
Posted In Employee Misconduct, Employee Performance Reviews, Employee Personnel Files, Employment Discrimination Laws, Employment Law, Hiring and Firing, Human Resource Department, National Labor Relations Act, National Labor Relations Board (NLRB), Workplace Discrimination, Harassment and Retaliation

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 >

Inclement Weather and Time Off Issues: To Pay or Not to Pay

November 14, 2012
Posted In Employee Contracts, Employee Personnel Files, Employment Law, Fair Labor Standards Act (FLSA), U.S. Department of Labor

With winter closing in, the possibility of bad weather brings potential attendance issues to the forefront of our minds. Icy roads and snow storms in Kentucky often cause delays and closings of not only schools but also businesses. Of course safety is the primary concern for everyone in extreme weather conditions, but employers must think beyond the logistics of employees getting to work or staying home. Absences due to bad weather impact the productivity of a business, and raise questions regarding the calculation of pay and how an employee’s time should be tracked. These issues are further complicated when dealing with a mix of exempt and non-exempt employees, however the U.S. Department of Labor (DOL) does offer some guidelines to assist an employer in determining their rights and responsibilities when bad weather impacts employee attendance. More >

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