Contact Us
Subscribe to this blog via RSS
Join us on LinkedInCategories
- 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
- Temporary Leave
- Families First Coronavirus Response Act
- H.R.6201
- Health Care Law
- IRS
- Paid Sick 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 Non-Discrimination Act ("ENDA")
- Human Resource Department
- Independent Contractors
- OSHA
- Paid Time Off ("PTO")
- Sick Employees
- Wage and Hour
- ADA Amendments Act of 2008 (“ADAAA”)
- Employee Handbook
- Employee Misconduct
- Employment Discrimination Laws
- ERISA
- Fair Labor Standards Act (FLSA)
- Kentucky Civil Rights Act (“KCRA”)
- National Labor Relations Act (NLRA)
- National Labor Relations Board (NLRB)
- Overtime Pay
- Pregnancy Discrimination Act
- Social Media
- Social Media Policies
- Title VII of the 1964 Civil Rights Act
- U.S. Department of Labor
- Union
- Young v. UPS
- Adverse Employment Action
- Amazon
- Americans with Disabilities Act
- Bring Your Own Device
- BYOD
- Civil Rights
- Compliance
- copyright
- Department of Health and Human Services
- Department of Labor ("DOL")
- EEOC
- Employment Law
- Family and Medical Leave Act (“FMLA”)
- Intellectual Property
- Portal-to-Portal Act of 1947
- Security Screening
- U.S. Equal Employment Opportunity Commission (“EEOC”)
- U.S. Supreme Court
- Uncategorized
- Volunteer
- Work for Hire
- Federal contractors
- Kentucky Labor Cabinet’s Occupational Safety and Health Program (KOSH)
- Micro-unit
- Security Checks
- Specialty Healthcare & Rehabilitation Center of Mobile
- Cloud
- Creech v. Brown
- EEOC v. Hill Country Farms
- Equal Employment Opportunity Commission v. Kaplan Higher Education Corp.
- Lane v. Franks
- Mine Safety and Health Administration ("MSHA")
- Non-exempt employees
- Northwestern
- Shazor v. Prof’l Transit Mgmt.
- Web Content Accessibility Guidelines
- Whistleblower
- WorkSmart Kentucky
- "Ban-the-box"
- 2013)
- At-will employment
- Berrier v. Bizer
- Bullying
- Chapter 11 Bankruptcy
- Chenzira v. Cincinnati Children’s Hospital Medical Center
- Citizens United v. Federal Election Commission
- Companionship services
- Compensatory time off
- Conestoga Woods Specialties v. Sebelius
- Consumer Credit Protection Act (“CCPA”)
- Crystalline Silica
- Davis-Bacon and Related Acts
- Drug-Free Workplaces
- Earnings
- EEOC v. Fabricut
- EEOC v. The Founders Pavilion
- Ehling v. Monmouth-Ocean Hospital Service Corp.
- Federal Stored Communications Act (“SCA”)
- Giant Food LLC
- Government employees
- Government shutdown
- Home Health Care Workers
- Illness and Injury Reports
- Job applications
- Jury duty
- Kentucky Department of Workers’ Claims
- Kentucky Wage and Hour Act
- KYSHRM 2013
- Mandatory vaccination policies
- Maternity Leave
- McNamara O’Hara Service Contract Act
- Medical Exams
- NFL Bullying Scandal
- Payroll
- Permissible Exposure Level ("PEL")
- Private employers
- Sebelius v. Hobby Lobby Stores
- Senate Bill 157
- SHRM
- Small Business Administration (SBA)
- Violence
- Wage garnishment
- COBRA
- Contraceptive Mandate
- Defamation
- Defense of Marriage Act (“DOMA”)
- Employee Forms
- Employee Hazards
- Employee of the Month Programs
- Employee Training
- Employer Group Health Plans
- Employer Mandate
- Employment Practices Liability Insurance
- Endorsements
- Federal Workplace Agencies
- FICA
- Form I-9
- Freedom of Speech
- Gatto v. United Airlines and allied Aviation Services
- Health-Contingent Wellness Programs
- HIPAA
- Litigation
- Madry v. Gibraltar National Corporation
- Megivern v. Glacier Hills Incorporated
- Motivating Factor
- Obesity
- Online Account Protection
- Online Defamation
- Participatory Wellness Programs
- Patient Protection and Affordable Care Act
- Pennington v. Wagner’s Pharmacy
- Pension Plans
- Play or Pay
- Record Retention
- Reference checks
- Religious Employer
- Sequester
- severance pay
- Social Media Ownership
- Supervisor
- Supplemental Unemployment Compensation Benefits
- Tangible employment actions
- tax refund
- Telecommuting
- Title VII retaliation cases
- Troyer v. T.John.E Productions
- U.S. Citizenship and Immigration Services
- Unfair Labor Practice
- United States v. Quality Stores
- United States v. Windsor
- University of Texas Southwestern Medical Center v. Nassar
- Vance v. Ball State University
- Crisis Management
- Employee Arrests
- Employee photographs
- House Labor and Industry Committee
- Job Description
- Job Requirement
- Kentucky’s Whistleblower Act
- KRS 391.170
- Municipal Liability
- PhoneDog v. Kravitz
- posting requirements
- Public Sector Liability
- Right to Work Bill
- social privacy laws
- Strategic Enforcement Plan (SEP)
- White v. Baptist Memorial Health Care Corp.
- Wilson v. City of Central City
- Workplace Politics
- Class Action Waivers
- Criminal Background Checks
- Employee Performance Reviews
- Employee Personnel Files
- Federal Arbitration Act (FAA)
- Federal Department of Labor
- Hiring and Firing
- Informal Discussion Letter (“EEOC Letter”)
- Kentucky Labor Cabinet
- Labor and Pensions ("HELP")
- Retaliation by Association
- Salary Threshold
- Social Networking Online Protection Act (SNOP)
- Unemployment Benefits
- Workplace Discrimination, Harassment and Retaliation
- Business Insurance
- Communications Decency Act
- Employee Contracts
- Hosanna-Tabor Opinion
- Insurance Coverage
- Internet & Media Law
- Internet Defamation
- National Labor Relations Act
- Non-Compete Agreement
- Uniformed Services Employment and Reemployment Rights Act
- USERRA
Cynthia L. Effinger
Showing 65 posts by Cynthia L. Effinger.
FTC Ban on Noncompetes Struck Down
A Texas Court struck down the FTC's Rule banning noncompete agreements set to take effect on September 4th, 2024. The Court ruled that the FTC had overstepped its authority in implementing the Rule and further held that the Rule was overly broad because it provided no reasonable explanation for banning virtually all noncompete agreements. More >
TWO Threshold Hikes for the Price of One: DOL Issues Final Overtime Salary Threshold Rule
As tipped in September of 2023, the Wage and Hour Division of the Department of Labor (“DOL”) has finally released the Final Rule for raising the minimum salary threshold for employers eligible for exemption from overtime pay. While the new rule isn’t vastly different from the proposed rule, there are still enough substantive changes for employers to pay close attention. More >
It's Official: FTC Issues Final Rule Banning Non-Competes
In a stunning move the same day the Department of Labor issued a rule raising the overtime salary threshold, the Federal Trade Commission issued its own long-gestating rule banning noncompete clauses nationwide. Employers should begin reviewing their contracts immediately to understand how this sweeping change will affect their workforce. More >
DOL Moves to Raise Salary Floor in Proposed Overtime Rule
The U.S. Department of Labor has proposed to raise the salary threshold—a long-anticipated yet dreaded move that will affect how many employers pay their workers. More >
NLRB Gets Back in the Time Machine, Reverts to Previous Independent Contractor Test
It’s 2023: do you know who your employees are? If you think you do, think again: the National Labor Relations Board announced in a June 13th decision on the case The Atlanta Opera, Inc., that it is changing its test for determining which workers are independent contractors and which are covered employees, reverting once again to an Obama-era standard. For employers, this means that the potential for running into issues with misclassification and unionization has increased significantly. More >
School's Out, Work's In--Considerations for Seasonal Employment
As summer approaches, many businesses will be thinking about hiring seasonal employees. Whether those are high schoolers looking for pocket change, college students in need of internship credits, or just more sets of hands to assist with the busy months, specific considerations need to be made for your seasonal workers to assure legal compliance. More >
Working from Home is Here to Stay—Here’s How Employers Should Adapt
Over the past two years, the letters “WFH” have become a familiar shorthand as more people than ever worked from home due to the COVID-19 pandemic. Now, though many employees are returning to their workplaces, many are choosing—or requesting—to continue their remote work configuration. One thing is clear—though working from home may have seemed like a temporary fix at the outset, it’s here to stay. Employers should consider reviewing and updating their policies to be better equipped for the continued presence of remote work and ensure continued success and safety. More >
Employer Update: What You Need to Know about OSHA ETS Compliance and Vaccine Mandates
Since President Biden’s vaccine plan was first announced in September, employers have had lots of questions, and very few answers, about the Emergency Temporary Standard (ETS) that would require employers with 100 or more employees to implement “vaccine or test” policies aimed at controlling the spread of COVID-19. Since its official release, the ETS, issued by the Occupational Safety and Health Administration (OSHA), has been paused and un-paused and been kicked from one court to the next, finally landing in the United States Supreme Court. As employers wait for the Supreme Court to rule, the January 10 deadline for ETS enforcement has passed. What does all this mean for Kentucky employers—and what action should they be taking? More >
