Lobbying Affiliate: MML&K Government Solutions
{ Banner Image }

Employment Law Blog

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

Contact Us

250 Character(s) Remaining
Type the following characters: november, november, november, foxtrot

* Indicates a required field.

Stay Connected

RSSSubscribe to this blog via RSS
Join us on LinkedIn
Facebook

Archives

Categories

McBrayer Blogs

Showing 59 posts from 2012.

GUIDELINES FOR HIRING MINORS

May 31, 2012
Posted In Employment Law, Hiring and Firing, Wage and Hour, Workplace Discrimination, Harassment and Retaliation

Hiring employees for temporary summer employment can be stressful for a small business that is short on time and swamped with the seasonal demands the summer can bring.  Summer employees need to be trained quickly so that they can hit the ground running and start contributing to your success in as little time as possible.  One advantage to seasonal hiring during the summer is that there is an abundant source of young workers who are off from school and able to fill many different positions.  Their demand for wages is often lower because they are not supporting families of their own yet and their availability is very flexible because they are not in school.  It is important that your business follow all legal requirements related to the hiring of young people in order to ensure that the company remains in compliance and is not subjected to penalties or fines. More >

Have employers gone too far?

May 21, 2012
Posted In Employee Contracts, Employment Discrimination Laws, Employment Law, Internet & Media Law, Internet Defamation, Social Media, Social Media Policies

The burgeoning backlash against employer monitoring of employee social media posts. More >

NLRB’s Continued Focus on Social Media

May 18, 2012
Posted In Employment Law, Hiring and Firing, Internet & Media Law, National Labor Relations Act, Social Media, Social Media Policies

NLRB’s Continued Focus on Social Media, Use of Reinstatement Remedies to Protect Concerted Activity, and New Guidance for Employers Drafting Social Media Policies More >

The Professional Overtime Exemption

May 11, 2012
Posted In Employee Contracts, Employment Law, Social Media, U.S. Department of Labor, Wage and Hour

Earlier this month, Wal-Mart agreed to pay over $4.8 million in back wages and damages to employees across the country for failure to pay overtime wages as a result of an investigation of the U.S. Department of Labor.  The Department of Labor found that Wal-Mart misclassified over 4,500 managers as exempt from federal regulations requiring overtime wages to be paid for work over forty hours per week. More >

New Guidance on the Use of Criminal Background Checks in Hiring

April 27, 2012
Posted In Criminal Background Checks, EEOC, Employment Discrimination Laws, Employment Law, Hiring and Firing, Workplace Discrimination, Harassment and Retaliation

If you are an employer which uses criminal background checks as part of your decision process in deciding whether to hire an applicant, you should be aware that on April 25, 2012 the U.S. Equal Employment Opportunity Commission (EEOC) issued a new Guidance (EEOC Enforcement Guidance No. 915.002) which further clarifies under what circumstances such a practice may in fact be viewed as discriminatory.  While the use of criminal background checks to screen applicants may seem like a colorblind endeavor, the EEOC has outlined via its Guidance when that activity can have an unlawful impact on certain groups of job applicants. This finding is based upon the EEOC’s noted findings, based upon historical data, that different races are incarcerated at different rates, making a prohibition on not hiring anyone with a conviction a prohibition which is more limiting to African-American applicants as opposed to Caucasians for example.    Because of this new clarification on the potential unlawful effects criminal background checks may have, employers generally need to once again examine their hiring policies to make sure that they will not run afoul of the law even if one’s motive in conducting criminal background checks is pure. More >

Plan Documents Rule Ineffective to Protect ERISA Administrators Against Claims by Adverse Spouses

April 18, 2012
Posted In Employee Contracts, Employment Law, ERISA, Insurance Coverage

By now, it is abundantly clear that administrators of ERISA pension or life-insurance plans are required to pay death benefits to the spousal beneficiary identified in the employee’s plan documents even when the employee has divorced the spouse identified at the time the benefits become payable.  The so called “Plan Documents Rule” can have a harsh effect as it applies even when the former spouse has waived all interest in an employee’s ERISA plan during state court divorce proceedings.  See McMillan v. Parrott, 913 F.2d 310 (6th Cir. 1990); Kennedy v. Plan Administrator for DuPont Savings and Investment Plan, 555 U.S. 285 (2009).  The Supreme Court has rationalized strict interpretation of the Plan Documents Rule, in part, because it establishes a uniform administrative scheme and simplifies the duties incumbent upon a plan administrator in making distributions. More >

Unpaid Interns – Too Good to be True?

April 9, 2012
Posted In Employment Law, Fair Labor Standards Act (FLSA), Hiring and Firing, Salary Threshold

With summer fast-approaching, many employers are now deciding whether to hire summer interns. Undoubtedly, the benefits of an internship extend to both the employer and the intern. The company receives the intern’s services, while the intern enjoys exposure to and experience within his or her chosen field. If your company is considering hiring an intern, however, it is imperative that you seriously evaluate the internship program and policies to ensure that your company is not violating federal law. More >

School’s Out for the Summer!: Important Employment Law Considerations when Hiring Interns and Graduates

April 5, 2012
Posted In Americans with Disabilities Act, EEOC, Employee Contracts, Employment Discrimination Laws, Employment Law, Fair Labor Standards Act (FLSA), Hiring and Firing, Informal Discussion Letter (“EEOC Letter”), Internet & Media Law, Workplace Discrimination, Harassment and Retaliation

Spring is here, and along with the change in season comes a flurry of graduation announcements, parties, and for employers, a flurry of applications and resumes from recent high school and college graduates.  Recent graduates and interns provide a wealth of talent for many employers, and often become a core part of their operations and strategy.  However, there are a few employment law considerations that must be understood by a company’s HR representative, and really, everyone involved in the hiring process, when advertising, hiring and determining wages for your Spring hires. More >

Class Action Waivers in Employee Arbitration Provisions: Proceed with Caution – For Now.

April 4, 2012
Posted In Class Action Waivers, Employee Contracts, Employment Law, Federal Arbitration Act (FAA), National Labor Relations Act

Employee arbitration provisions containing class or collective action waivers are frequently utilized by non-union employers, often within employment agreements as a condition of employment.  The National Labor Relations Board (NLRB), however, recently issued a decision regarding the validity of such provisions which could significantly impact the ability of employers to enforce class waivers. More >

Major Verdicts and Settlements

March 29, 2012
Posted In Employment Law, Insurance Coverage

Lane Report, March 2012 More >

Lexington, KYLouisville, KYFrankfort, KYFrankfort, KY: MML&K Government Solutions