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Showing 76 posts from 2013.
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. More >
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. More >
NLRB’s Advice Memorandum to Giant Foods LLC: A Giant Shock to Employers, cont.
I informed readers on Monday that the NLRB recently publicly released its Advice Memorandum to Giant Foods LLC. The company’s social media policy contained provisions that prevented employees from sharing confidential or non-public information, using the company’s logo or trademarks or filming the company premises without prior approval. More >
NLRB’s Advice Memorandum to Giant Foods LLC: A Giant Shock to Employers
On July 11, 2013, in response to a Freedom of Information Act request, the National Labor Relations Board (“NLRB”) released a copy of the Advice Memorandum (find it here) issued for Giant Food LLC. The Advice Memorandum, originally issued in 2012, concludes that portions of Giant Food LLC’s social media policy violates the National Labor Relations Act (“NLRA”). More >
Final Rules on Wellness Programs Issued, cont.
If you missed Monday’s post, I began describing the final rules issued by the Departments for employment-based wellness programs. The final rules introduce notable changes to health-contingent wellness programs. More >
Final Rules on Wellness Programs Issued
Recently, the departments of Treasury, Labor, and Health and Human Services (the “Departments”) published the final rules for wellness programs offered in conjunction with group health plans. The rules implemented the Affordable Care Act (“ACA”) requirements. The regulations became finalized on August 2, 2013, and will apply to group health plans for plan years beginning on or after January 1, 2014. More >
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. More >
Kentucky Court of Appeals Weighs in Favor of Employee: Is Morbid Obesity a Disability? Part II
Our post on Monday detailed background information on a recent decision from the Kentucky Court of Appeals styled as Pennington v. Wagner’s Pharmacy, Inc. Before being heard by the Court of Appeals, the case was heard at the trial court, where the court had to consider whether the plaintiff, Melissa Pennington, was disabled as defined by the Kentucky Civil Rights Act due to morbid obesity. More >
Kentucky Court of Appeals Weighs in Favor of Employee: Is Morbid Obesity a Disability?
Kentucky’s statutes, which are mirrored after the federal Americans with Disabilities Act, make it unlawful for an employer to discriminate against an employee due to a disability. KRS 344.040(1) and 207.150. In a recently-issued decision, the Kentucky Court of Appeals has greatly increased the potential liability exposure that employers may face with respect to discrimination clams. More >
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. More >
