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Showing 76 posts from 2013.

Varying Maternity Leave Policies, cont.

October 30, 2013
Posted In Employee Benefits, Employment Discrimination Laws, Employment Law, Family and Medical Leave Act (“FMLA”), Human Resource Department, Maternity Leave

On Monday, it was discussed that it is typically acceptable to offer different maternity leave benefits for employees at separate employer locations (such as a corporate office versus store locations). Further, it was noted that it is generally acceptable to have varying policies amongst employees, so far as the policies are applied within the parameters of the law (i.e., not discriminatory). More >

Varying Maternity Leave Policies

October 28, 2013
Posted In Employee Benefits, Employment Law, Family and Medical Leave Act (“FMLA”), Maternity Leave

Recently, our firm was asked if it were permissible for a company to have separate maternity policies for a corporate office from that of a store location.  The concern was of course that a claim of discrimination would be made if different policies were used, and it was right for the question to be asked.  However, what may be surprising is that there is no requirement that employees at different company locations all be offered the same benefits. In fact, it is common for employees in a corporate office to receive different employment packages than those at other locations, such as the company’s retail store or restaurant. In fact, an employer does not have to have the same policies for all employees in the same location in many instances. The key is that a policy not have an adverse impact on any protected groups or result in unintentional discrimination. More >

You Can’t Take It With You When You Go – Requiring Employees To Use PTO

October 21, 2013
Posted In Berrier v. Bizer, Employee Benefits, Employment Law, Family and Medical Leave Act (“FMLA”), Paid Time Off ("PTO")

Contrary to what many employees think, paid time off (“PTO”) is not a protected right. Instead, it is a matter of agreement between an employer and employee. There are times when employees may prefer to take unpaid leave so that they can accrue their PTO, but employers can determine whether this practice is permissible. It is lawful for employers to require that employees exhaust unused PTO time before taking unpaid time away from work. More >

FLSA Now Extends to Home Health Care Workers, cont.

October 17, 2013
Posted In Department of Labor ("DOL"), Fair Labor Standards Act (FLSA), Home Health Care Workers, Minimum wage

Earlier this week, information with respect to the DOL’s Final Rule regarding FLSA protection to home health care workers, and specifically the “companionship service” exemption, was provided. Let’s now take a look at other changes ushered in by the Final Rule. More >

FLSA Now Extends to Home Health Care Workers

October 14, 2013
Posted In Companionship services, Department of Labor ("DOL"), Fair Labor Standards Act (FLSA), Home Health Care Workers, Minimum wage

 On September 17, 2013, the U.S. Department of Labor (“DOL”) issued a Final Rule which narrows the companionship exemption to the Fair Labor Standards Act (“FLSA”) and extends the FLSA's minimum wage and overtime protections to in-home health care workers. The regulations go into effect on January 1, 2015. The delay is designed to permit families who rely upon these workers to prepare for the changes. According to the DOL, this Final Rule will affect nearly 2 million workers. More >

Supreme Court Will Hear Quality Stores Case

October 9, 2013
Posted In Chapter 11 Bankruptcy, Employee Benefits, Employment Law, FICA, Tax Refund, United States v. Quality Stores

On October 1, 2013, the Supreme Court of the United States agreed to hear United States v. Quality Stores, Inc. The case has been previously discussed on our blog. In 2001, Quality Stores entered bankruptcy and closed all of it doors to nearly three-hundred stores. The store challenged a requirement to pay FICA (Federal Insurance Contribution Act) taxes on the severance that it had paid its workers. FICA taxes help finance federal retirement and health care benefits. More >

Private Employers/Employees Are Not Insulated From Government Shutdown

October 7, 2013
Posted In Department of Labor ("DOL"), EEOC, Government employees, Government shutdown, OSHA, Private employers, Small Business Administration (SBA), U.S. Citizenship and Immigration Services, Uncategorized

Last week, the Federal Government entered into its first partial shutdown in over seventeen years. Federal civilian workers woke up on Tuesday to an unclear future; over 800,000 were sent home until further notice on unpaid furlough.  In the event the Government cannot come to an agreement with regard to the debt ceiling in the next 10 days, there may be widespread economic ramifications for nearly every employer.  In the meantime, the partial Government shutdown is resulting in inconveniences for those in the private sector. More >

McBrayer Attorneys' 2013 KYSHRM Conference Presentation

September 30, 2013
Posted In Human Resource Department, KYSHRM 2013, National Labor Relations Act (NLRA), National Labor Relations Board (NLRB), SHRM, Social Media, Social Media Ownership, Social Media Policies, Social Privacy Laws, Uncategorized

On September 25th, Amy D. Cubbage and Cynthia L. Effinger spoke at the 29th Annual Kentucky SHRM Conference, held in Louisville, KY. Their presentation, "Social Media: Strategy and Implementation. Are you protected?," focused on what companies can do to protect their businesses when issues arise (both internally and externally) with social media. The presentation included informative tips on how to create an legally sound social media policy and some new issues that employers and HR managers will soon face in the social media realm. If you missed the presentation, you can check out Amy and Cindy's presentation here and find a copy of their supporting documents here. More >

Fighting the Flu (and Liability) in the Workplace, cont.

September 25, 2013
Posted In Chenzira v. Cincinnati Children’s Hospital Medical Center, EEOC, Employee Hazards, Employment Law, Job Requirement, Mandatory vaccination policies, Sick Employees

On Monday, we examined the basic concept of employer-mandated flu vaccinations.  Generally speaking, employers may require at-will employees to get a flu shot and may terminate an employee based upon a refusal. The right to terminate, however, is not without limitation,  and a recent case on this issue instructs that certain protected rights and classifications likely must be considered prior to termination. More >

Fighting the Flu (and Liability) in the Workplace

September 23, 2013
Posted In At-will employment, Chenzira v. Cincinnati Children’s Hospital Medical Center, Employment Discrimination Laws, Employment Law, Litigation, Mandatory vaccination policies

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? More >

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