Contact Us
Categories
- FTC
- Emotional Support Animals
- Service Animals
- Employee Agreement
- Remote Work
- Federal Trade Commission
- LGBTQ
- Minors
- United States Department of Justice ("DOJ")
- Work from Home
- Arbitration
- Workplace health
- Trade Secrets
- Corporate
- Center for Disease Control
- Americans with Disabilities Act ("ADA")
- FFCRA
- Opioid Epidemic
- Occupational Safety and Health Administration (“OSHA”)
- COVID-19
- Families First Coronavirus Response Act
- H.R.6201
- Health Care Law
- IRS
- Paid Sick Leave
- Temporary Leave
- Treasury
- Coronavirus
- Worker Misclassification
- Labor Law
- Overtime
- Kentucky Unemployment Insurance Commission
- Sexual Harassment
- FMLA Retaliation
- Overtime Rule
- Employer Wellness Programs
- Genetic Information Nondiscrimination Act ("GINA")
- Kentucky minimum wage
- Minimum wage
- Employee Benefits
- Employment Discrimination Laws
- Employment Non-Discrimination Act ("ENDA")
- ERISA
- Human Resource Department
- Independent Contractors
- OSHA
- Overtime Pay
- Paid Time Off ("PTO")
- Sick Employees
- Wage and Hour
- ADA Amendments Act of 2008 (“ADAAA”)
- Adverse Employment Action
- Americans with Disabilities Act
- Civil Rights
- Compliance
- Copyright
- Department of Labor ("DOL")
- EEOC
- Employee Handbook
- Employee Misconduct
- Employment Law
- Fair Labor Standards Act (FLSA)
- Family and Medical Leave Act (“FMLA”)
- Intellectual Property
- Kentucky Civil Rights Act (“KCRA”)
- National Labor Relations Act (NLRA)
- National Labor Relations Board (NLRB)
- Pregnancy Discrimination Act
- Social Media
- Social Media Policies
- Title VII of the 1964 Civil Rights Act
- U.S. Department of Labor
- U.S. Equal Employment Opportunity Commission (“EEOC”)
- Uncategorized
- Union
- Volunteer
- Work for Hire
- Young v. UPS
- Amazon
- Bring Your Own Device
- BYOD
- Department of Health and Human Services
- Federal contractors
- Kentucky Labor Cabinet’s Occupational Safety and Health Program (KOSH)
- Portal-to-Portal Act of 1947
- Security Checks
- Security Screening
- U.S. Supreme Court
- Cloud
- Creech v. Brown
- EEOC v. Hill Country Farms
- Equal Employment Opportunity Commission v. Kaplan Higher Education Corp.
- Lane v. Franks
- Micro-unit
- Non-exempt employees
- Specialty Healthcare & Rehabilitation Center of Mobile
- "Ban-the-box"
- Bullying
- Citizens United v. Federal Election Commission
- Compensatory time off
- Conestoga Woods Specialties v. Sebelius
- Consumer Credit Protection Act (“CCPA”)
- Crystalline Silica
- Davis-Bacon and Related Acts
- Drug-Free Workplaces
- Earnings
- Illness and Injury Reports
- Job applications
- Kentucky Department of Workers’ Claims
- Kentucky Wage and Hour Act
- McNamara O’Hara Service Contract Act
- Mine Safety and Health Administration ("MSHA")
- NFL Bullying Scandal
- Northwestern
- Payroll
- Permissible Exposure Level ("PEL")
- Sebelius v. Hobby Lobby Stores
- Senate Bill 157
- Shazor v. Prof’l Transit Mgmt.
- Violence
- Wage garnishment
- Web Content Accessibility Guidelines
- Whistleblower
- WorkSmart Kentucky
- 2013)
- At-will employment
- Berrier v. Bizer
- Chapter 11 Bankruptcy
- Chenzira v. Cincinnati Children’s Hospital Medical Center
- COBRA
- Companionship services
- Defamation
- Defense of Marriage Act (“DOMA”)
- EEOC v. Fabricut
- EEOC v. The Founders Pavilion
- Ehling v. Monmouth-Ocean Hospital Service Corp.
- Employee of the Month Programs
- Endorsements
- Federal Stored Communications Act (“SCA”)
- Freedom of Speech
- Giant Food LLC
- Government employees
- Government shutdown
- Health-Contingent Wellness Programs
- HIPAA
- Home Health Care Workers
- Jury duty
- KYSHRM 2013
- Madry v. Gibraltar National Corporation
- Mandatory vaccination policies
- Maternity Leave
- Medical Exams
- Megivern v. Glacier Hills Incorporated
- Motivating Factor
- Obesity
- Online Defamation
- Participatory Wellness Programs
- Pennington v. Wagner’s Pharmacy
- Pension Plans
- Private employers
- Reference checks
- SHRM
- Small Business Administration (SBA)
- Social Media Ownership
- Supervisor
- Tangible employment actions
- Title VII retaliation cases
- Troyer v. T.John.E Productions
- Unfair Labor Practice
- United States v. Windsor
- University of Texas Southwestern Medical Center v. Nassar
- Vance v. Ball State University
- Contraceptive Mandate
- Employee Arrests
- Employee Forms
- Employee Hazards
- Employee photographs
- Employee Training
- Employer Group Health Plans
- Employer Mandate
- Employment Practices Liability Insurance
- Federal Workplace Agencies
- FICA
- Form I-9
- Gatto v. United Airlines and allied Aviation Services
- House Labor and Industry Committee
- Kentucky’s Whistleblower Act
- KRS 391.170
- Litigation
- Municipal Liability
- Online Account Protection
- Patient Protection and Affordable Care Act
- Play or Pay
- Posting Requirements
- Public Sector Liability
- Record Retention
- Religious Employer
- Right to Work Bill
- Sequester
- Severance Pay
- Supplemental Unemployment Compensation Benefits
- Tax Refund
- Telecommuting
- U.S. Citizenship and Immigration Services
- United States v. Quality Stores
- White v. Baptist Memorial Health Care Corp.
- Wilson v. City of Central City
- Crisis Management
- Federal Department of Labor
- Job Description
- Job Requirement
- Kentucky Labor Cabinet
- Labor and Pensions ("HELP")
- PhoneDog v. Kravitz
- Social Networking Online Protection Act (SNOP)
- Social Privacy Laws
- Strategic Enforcement Plan (SEP)
- Workplace Politics
- Business Insurance
- Class Action Waivers
- Communications Decency Act
- Criminal Background Checks
- Employee Contracts
- Employee Performance Reviews
- Employee Personnel Files
- Federal Arbitration Act (FAA)
- Hiring and Firing
- Hosanna-Tabor Opinion
- Informal Discussion Letter (“EEOC Letter”)
- Insurance Coverage
- Internet & Media Law
- Internet Defamation
- National Labor Relations Act
- Non-Compete Agreement
- Retaliation by Association
- Salary Threshold
- Unemployment Benefits
- Uniformed Services Employment and Reemployment Rights Act
- USERRA
- Workplace Discrimination, Harassment and Retaliation
WEBINAR - All Handbooks on Deck
Just when you think you’ve gotten the hang of things, everything changes—so goes life, and so goes labor law. A recent memo from the General Counsel of the National Labor Relations Board (NLRB) signals that no policy is safe—anything could be thrown overboard at any time, and many things will be! The NLRB has set its sights on employee handbooks, and much, much more. Even vaccine policies are not immune, as it is conceivable that employees could be protected for protesting both a mandatory vaccine policy and the LACK of a mandatory vaccine policy. Employers should be very concerned about these potential developments.
Watch McBrayer Member Claire Vujanovic give an update on what’s likely to change and to learn how employers can batten down the hatches before the storm hits.
Key Takeaways for Employers
- Know the trends. In the past few years, NLRB guidance tended to favor employers over employees. Now, employees will benefit most from the changes.
- Update your handbook. Once cases overturning handbook policies come rolling in, make sure to update your own policies to avoid tricky legal situations.
- Read up on remedies. New guidance pushes employers to seek "all available remedies" in cases of unfair labor practices. Make sure you know what you may be required to pay or provide.
- Take stock of your practices. Union and non-union employers alike will be affected by these changes. Review your practices and policies to make sure you know where you stand.
- Stay informed. Continue to seek information and updates from the NLRB, as guidance changes frequently. Visit McBrayer's employment blog to stay up to date on issues for employers.
To learn more about how to navigate the challenges of changing labor law as an employer, contact your McBrayer attorney today.
Claire M. Vujanovic, member with McBrayer, is located in the firm's Louisville office. Ms. Vujanovic's practice is concentrated in the areas of labor and employment law and includes NLRA compliance, drafting and reviewing employment manuals and policies, drafting severance, non-compete and employment agreements, and counseling clients related to overtime and wage and hour regulations, laws and claims and workplace discrimination. Ms. Vujanovic can be reached at cvujanovic@mcbrayerfirm.com or (502) 327-5400, ext. 2322.
Services may be performed by others.
This article does not constitute legal advice.