Contact Us
Categories
- Employment Law
- Hiring And Firing
- Employee Contracts
- Social Media
- Employment Discrimination Laws
- Employee Handbook
- Social Media Policies
- Employee Benefits
- Wage And Hour
- Family And Medical Leave Act (“Fmla”)
- Employee Misconduct
- Eeoc
- Internet & Media Law
- Workplace Discrimination
- Employment Law For Employers
- Harassment And Retaliation
- Title Vii Of The 1964 Civil Rights Act
- Fair Labor Standards Act (Flsa)
- Litigation
- Department Of Labor ("Dol")
- National Labor Relations Board (Nlrb)
- Non-Compete Agreement
- U.S. Equal Employment Opportunity Commission (“Eeo
- Adverse Employment Action
- Crisis Management
- Ada
- Kentucky Labor Cabinet
- National Labor Relations Act (Nlra)
- U.S. Department Of Labor
- Unemployment Benefits
- Americans With Disabilities Act ("Ada")
- Civil Rights
- Coronavirus
- Covid-19
- Dol
- Fmla
- Healthy At Work
- Independent Contractors
- Non-Compete Agreements
- Online Defamation
- Osha
- Overtime Exemption
- Paid Time Off ("Pto")
- Pregnancy Discrimination Act
- Reasonable Accommodations
- Supervisor
- Work-From-Home
- Ada Amendments Act Of 2008 (“Adaaa”)
- Anti-Discrimination
- At-Will Employment
- Department Of Labor
- Employee Training
- Employment Agreement
- Exempt Employees
- Fsla
- Ftc
- Hipaa
- Human Resources
- Labor Law
- Non-Exempt
- Pandemic
- Policies And Procedures
- Salary Threshold
- Scotus
- Telework
- U.S. Supreme Court
- United States Supreme Court
- White Collar Exemption
- Workplace Health
- Workplace Politics
- Back Wages
- Business Insurance
- Cat'S Paw
- Cat'S Paw Liability
- Centers For Disease Control And Prevention
- Civil Penalties
- Classification
- Comp Time
- Compensation
- Compliance
- Computer Fraud And Abuse Act
- Confidentiality
- Contract Terms
- Criminal Background Checks
- Department Of Justice
- Emotional Support Animals
- Employee Classification
- Employee Political Speech
- Employee Speech
- Employer Group Health Plans
- Employer Mandate
- Employment Contract
- Employment Practices Liability Insurance
- Equal Pay Act
- Equine
- Fda
- Federal Department Of Labor
- Federal Trade Commission
- First Amendment
- Flsa
- Fmla Retaliation
- Genetic Information Nondiscrimination Act ("Gina"
- Gig Economy
- Government Employees
- Heat Hazards
- Independent Contractor
- Intellectual Property
- Kentucky Wage And Hour Act
- Liquidated Damages
- Mandatory Vaccination
- Minor Employees
- Minors
- National Labor Relations Act
- Nlra
- Non-Exempt Employees
- Occupational Safety And Health Administration (“O
- Overtime
- Overtime Eligibility
- Overtime Pay
- Overtime Rule
- Payroll
- Pension Plans
- Record Retention
- Reference Checks
- Remote Work
- Retaliatory Intent
- Salary Threshold Raised
- Seasonal Workers
- Section 7
- Service Animals
- Severance Pay
- Sexual Harassment
- Sick Leave
- Tangible Employment Actions
- Telecommuting
- Threshold Salary
- Title Vii
- Title Vii Retaliation Cases
- Trade Secrets
- Union
- Wage And Hour Law
- Worker Misclassification
- Workforce
- Workplace Safety
Insights
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?
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.
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.
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.
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.
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.
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.
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:
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.
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.