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McBrayer Blogs

Showing 69 posts from 2014.

The Affordable Care Act & Small Business Recap

On February 4, McBrayer and Business Lexington presented a panel discussion on how small businesses can navigate the Affordable Care Act.  Attendees received real-world advice on how to traverse the new landscape of health insurance. A huge thank you to the panelists: Jon Carroll, Beverly Clemons, Betsy Johnson, Cris Miller, and Garry Ramsey. More >

Employers Should Take Note of WorkSmart Kentucky

On January 27, 2014, Governor Steve Beshear announced the launch of WorkSmart Kentucky, an initiative aimed at matching employers with their workforce needs. WorkSmart Kentucky is comprised of professionals from the state’s Cabinet for Economic Development, Education and Workforce Development Cabinet, Labor Cabinet, and the Kentucky Community and Technical College System.  Governor Beshear hopes the program will help “maintain the Commonwealth as a key player in the global economy for years to come.” As employers know, qualified workforces are the essential factor for success. More >

Dealing with the DOL at Your Door, Part II

Much of the anxiety that a Department of Labor (“DOL”) Wage and Hour Division (“WHD”) investigation causes is due to the mystery of the investigative process. In this case, what you don’t know can hurt you. If an employer is unaware of the process or its demands, too much or too little information may be handed over – resulting in negative consequences. Let’s take a look at how the investigation will be conducted once the DOL investigator steps inside the workplace. More >

Dealing with the DOL at Your Door, Part I

The United States Department of Labor (“DOL”) conducts workplace inspections for potential violations of wage and hour laws. Employers often place frantic telephone calls to their lawyer when an investigator from the Wage and Hour Division (“WHD”) knocks on their door for good reason: a DOL investigation should be  taken seriously. Any last-minute attempt to pass muster typically falls short, and leaves an employer in violation of wage and hour laws which may subject them to hefty fines. A violation can result in wage restitution, interest, and liquidated damages.  Preparedness is key, and an employer’s institution of the following five guidelines can drastically improve their position should the DOL initiate an investigation. More >

Court of Appeals Decisions Will Stick on the NLRB Poster Rule

In August of 2011, the National Labor Relations Board (“NLRB”) approved a poster rule requiring businesses to post notifications reminding workers about their right to unionize. Employers and business groups that felt the rule was one-sided and pro-union subsequently challenged the rule and were victorious in two separate U.S. Circuit Courts. More >

Kentucky House Bill 1 Seeks To Raise Minimum Wage

The 2014 General Assembly is underway and, as always, we will be closely monitoring the proposed legislation. This week, we will take a look at two bills that could greatly impact employers in the Commonwealth. More >

Comment Period Almost Over for OSHA Crystalline Silica Proposal, Cont.

As discussed on Monday, the permissible exposure level (“PEL”) for crystalline silica may soon be changing. OSHA has proposed a rule that would establish a new PEL, along with other safety measures to protect against the hazardous material. It should be kept in mind that any federal regulation set is the minimum standard that an employer must adhere to; it is always permissible for an employer to set more stringent requirements (in this case, a lower PEL) for their workplace. In addition, here are some recommended tips for employers whose workforces encounter crystalline silica: More >

Comment Period Almost Over for OSHA Crystalline Silica Proposal

In August 2013, the Occupational Safety and Health Administration (“OSHA”) announced a proposed rule regarding workplace exposure to crystalline silica. The proposal includes two separate standards – one for general industry and maritime employment, and one for construction. More >

Don’t Want Your Injury and Illness Reports Online? Submit Your Comments to OSHA Now!

In a proposed rule appearing in the Federal Register on November 8, 2013, the Occupational Safety and Health Administration (“OSHA”) publicized its intention to bring about drastic changes to employer reporting and recordkeeping practices. The proposal followed the agency’s annual Occupational Injuries and Illnesses report, which estimated that three million workers were injured on the job in 2012. More >

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