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Employment Law

When It Comes To Employment Issues, Choose A Firm That Thinks Outside the Cubicle.

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Fighting the Flu (and Liability) in the Workplace

As summer draws to an end, flu season is lurking right around the corner. Last year’s flu season was especially hard-hitting. Many employers have taken proactive steps in recent years to protect their workforce by offering free flu vaccines or encouraging employees to get one on their own. But, can employers go one step further and require their at-will employees to receive flu shots?

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Severance Packages and Unemployment Benefits

As an employer, one of the most difficult parts of the job can be letting an employee go or eliminating their position. When the departure is an amicable one, many employers choose to provide a severance package. In some cases, an employment contract or union agreement may require severance pay no matter how the relationship ends.

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Who’s GINA and What Should I Know About Her?

GINA is not a who, but rather a what. The Genetic Information Nondiscrimination Act (“GINA”) was passed by Congress in 2008. GINA makes it illegal for employers with 15 or more employees to discriminate against employees or applicants on the basis of genetic information. Employers cannot lawfully inquire about (1) an individual’s genetic tests; (2) the genetic tests of an individual’s family members; or, (3) the manifestation of a disease or disorder in the family members of such an individual.

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Employee Benefits in the Wake of Windsor

On June 26, 2013, the U.S. Supreme Court, in United States v. Windsor, declared unconstitutional Section 3 of the federal Defense of Marriage Act (“DOMA”), which had prohibited the federal government from acknowledging marriages between same-sex couples. At the time of the ruling, same-sex marriages were recognized in 12 states and the District of Columbia. The decision does not require states to recognize same-sex marriages; Kentucky is among the states that do not. However, that does not mean that Kentuckians, specifically Kentucky employers, are insulated from the effects of this decision.

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Complete Your Non-Compete: Helpful Drafting Tips, cont.

Earlier this week, I discussed the importance of tailoring non-compete agreements to ensure enforceability and provided some factors to consider when drafting. Below are four more factors that should help you create a strong non-compete agreement.

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Complete Your Non-Compete: Helpful Drafting Tips

Perhaps you consider your non-compete agreement just one form in a stack of many? When it is time to use it there is not much to the process: you retrieve it from the HR office, briefly discuss it with the employee, and he willingly signs it. But such a practice is a perilous one because non-compete agreements are not meant to be “one-size-fits-all.” Rather, they should be thoughtfully tweaked to each specific employee and situation. By relying on boilerplate language and fill-in-the-blank forms, you are risking the chance that a court will find your agreement unenforceable.

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Recognizing Liability for Employee Recognition Programs

Employers frequently utilize recognition programs as a way of rewarding employees for a job well done and boosting office morale.  “Employee of the Month” programs (“EMP”), however, can sometimes have the opposite effect and can actually become liability traps for employers if not run fairly.

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A Checklist for Reference Checks

Thorough research during an employer’s hiring phase can prevent undesirable employees from becoming part of a workforce. There is no better way to get an accurate assessment of job applicants than by speaking with people who have actually worked with them. Before picking up the phone, however, potential employers should keep a few things in mind:

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Menacing Social Media: When Your Business is Defamed Online

Social media is a wonderful tool for businesses. In fact, in today’s Internet-reliant society, it is quickly becoming a necessity.

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Who Owns Your Company’s Social Media Accounts?

Some business assets are easy to spot: a company car or fax machine, for example. Others are intangible, like a bank account or line of credit.

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