Employment Law Blog

What Employers Should Know About Bringing Employees Back into the Workplace.

By now, all businesses in the Commonwealth of Kentucky have experienced at least five weeks of interrupted operations. Some businesses have faced a complete shutdown, others are operating on skeleton crews, and others are fully operational but working remotely. The one thing all businesses all have in common is a desire to get back to “business as usual” once the Governor lifts the Healthy at Home restrictions. However, bringing employees back into the workplace will not be an easy task, and will certainly not be “business as usual.” In addition to the continuing obligations under the Families First Coronavirus Response Act and the CARES Act, employers will need to be mindful of other key laws in order to navigate our new normal in returning to work on-premises. More >

Department of Labor Issues Guidance for Employers – Paid Leave Provisions Take Effect April 1st

On March 24th, the Department of Labor (DOL) issued guidance for employers and employees as to how they will be affected by the Families First Coronavirus Response Act (FFCRA) when it takes effect on April 1, 2020. The guidance came in the form of an introductory statement, a fact sheet for employers, a fact sheet for employees, and a Q&A sheet that covers a wide variety of situations.   More >

IRS, Department of Labor, and Treasury Outline Workings of Paid Leave Tax Credits

The Department of Labor, IRS and Treasury Department have released a joint notice outlining how employers may utilize tax credits to provide mandated paid leave under the Families First Coronavirus Response Act signed into law on March 18th. The paid leave provisions have been discussed in our summary of the new law here, and these three agencies have now provided a glimpse of the road map for employers to cover the costs of paid leave. While the actual guidance is slated to be issued this week, the notice included information about how these provisions will operate: More >

COVID-19 Update for Employers: New Notice, and NOW is the Time to Review Your Policies

A New Notice is Required

The Families First Coronavirus Relief Act, H.R. 6201, is now law, and requires many employers to provide paid leave in one form or another during the COVID-19 crisis. The Emergency Paid Sick Leave Act portion of the new law also requires employers to conspicuously post a notice, where such notices to employees are generally posted, prepared by the Secretary of Labor. This notice is now available from the DOL at this link.  An FAQ from the DOL on this notice is also available on their website. One of the important takeaways from the FAQ is that employers with a largely working-from-home workforce may satisfy the conspicuous posting requirement by emailing or direct mailing the notice to their employees or posting it to an internal employee website.  More >

The Families First Coronavirus Response Act Becomes Law - What Employers Need to Know

On Wednesday, March 18, President Trump signed H.R. 6201, the “Families First Coronavirus Response Act,” into law. It becomes effective on April 1st, which is a short period for taking compliance steps and budgeting for the changes. Among the provisions of the coronavirus relief bill are items relating to paid sick time and family leave, which we have summarized below, as they will have an enormous impact on employers. More >

Coronavirus and Confidentiality

As the coronavirus crisis continues, employers are confronted more and more by questions of confidentiality in the face of a pandemic and worried employees. Below are some questions employers are facing, along with some guidance about how to maintain employee confidentiality in the workplace. More >

Coronavirus and Employers: Critical Compliance Information

As the novel coronavirus, or COVID-19, has reached global pandemic status, it is critical for employers to understand how to administer their workforce in the face of the new illness, especially in light of state and federal employment laws. Luckily for employers, there is fresh guidance from several agencies on how to put team health first while protecting businesses and complying with relevant workforce laws and regulations. We have distilled that information into key points set out below. More >

Alert: Department of Labor Releases Final Rule on Overtime; Salary Threshold Raised

On Tuesday, September 24, 2019, the Department of Labor (“DOL”) issued a Final Rule that raises the salary threshold for exemption from overtime pay to $35,568 per year. This rule was proposed in March of 2019, and it appears that the Final Rule is substantially similar. This Final Rule follows years of uncertainty after an overtime overhaul put in place under the Obama administration was held up in the courts and ultimately scrapped. More >

ALERT: Chad C. Brown, Inc. and Horse Trainer Chad Brown must pay $1.6M in Department of Labor Wage and Hour Violations Investigation

In a development that should make every horse operation in Kentucky stand up and take notice, trainer Chad Brown will pay $1.6 million to cover back wages, liquidated damages and civil penalties for what the Department of Labor (“DOL”) considers to be willful violations of the Fair Labor Standards Act (“FLSA”) and the H-2B non-immigrant visa program. More >

ALERT: Kentucky Court of Appeals Overturns Law Allowing Employees to Represent Employers in Unemployment Hearings

The Kentucky Court of Appeals released an opinion this week that may have a profound impact on employers defending claims in administrative hearings for unemployment insurance benefits. In Nichols v. Kentucky Unemployment Insurance Commission; and Norton Healthcare, Inc., the Court of Appeals held that sections of KRS 341.470 to be an unconstitutional violation of separation of powers. That statute allowed employers to be represented by management employees, officers or other agents in hearings before any referee or commission regarding unemployment compensation. More >