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Showing 38 posts in Employee Contracts.

Vacation Pay at Termination: What’s your Policy?

July 25, 2012
Posted In Employee Contracts, Employee Personnel Files, Employment Law, Hiring and Firing, Wage and Hour

For many employers, the summer season brings with it an increase in employee vacations. With that in mind, now may be a good time to re-visit vacation pay policies as they pertain to employee separation. In particular, how does your company handle accrued, but unused, vacation pay at the time of separation? More >

CONSEQUENCES OF MISCLASSIFYING WORKERS AS INDEPENDENT CONTRACTORS

July 6, 2012
Posted In Employee Contracts, Employment Law, Federal Department of Labor, Hiring and Firing, Independent Contractors, U.S. Department of Labor, Unemployment Benefits, Wage and Hour

Over the past several years, more and more employers are attempting to cut costs by hiring individuals as independent contractors as opposed to employees. This trend, however, has caught the attention of the Federal Department of Labor, which this year has again increased its budget to “detect and deter” misclassification of workers as independent contractors. This budget also includes the addition of dozens of new full time employees dedicated to investigate possible violations resulting from misclassification. More >

If it is not written down, did it happen?

July 3, 2012
Posted In Employee Contracts, Employment Law, Kentucky Labor Cabinet, Wage and Hour

An all too common issue we see in working with businesses is a lack of diligence in requiring hourly employees to fully document their time.  Most do a good job of requiring their employees to document when they first get to work and when they leave.  However, employers must also be diligent in requiring employees to document the time they take for lunch. More >

So you have non-compete agreements in place. Are they still enforceable?

June 25, 2012
Posted In Employee Contracts, Employment Law, Non-Compete Agreement

You’ve assessed your company’s needs and have figured out that you have key personnel who should have non-compete agreements.  You’ve had your lawyers draw up reasonable agreements, you’ve offered consideration in the form of new employment or a promotion, and your employees signed.  All is well, right? More >

Have employers gone too far?

May 21, 2012
Posted In Employee Contracts, Employment Discrimination Laws, Employment Law, Internet & Media Law, Internet Defamation, Social Media, Social Media Policies

The burgeoning backlash against employer monitoring of employee social media posts. More >

The Professional Overtime Exemption

May 11, 2012
Posted In Employee Contracts, Employment Law, Social Media, U.S. Department of Labor, Wage and Hour

Earlier this month, Wal-Mart agreed to pay over $4.8 million in back wages and damages to employees across the country for failure to pay overtime wages as a result of an investigation of the U.S. Department of Labor.  The Department of Labor found that Wal-Mart misclassified over 4,500 managers as exempt from federal regulations requiring overtime wages to be paid for work over forty hours per week. More >

Plan Documents Rule Ineffective to Protect ERISA Administrators Against Claims by Adverse Spouses

April 18, 2012
Posted In Employee Contracts, Employment Law, ERISA, Insurance Coverage

By now, it is abundantly clear that administrators of ERISA pension or life-insurance plans are required to pay death benefits to the spousal beneficiary identified in the employee’s plan documents even when the employee has divorced the spouse identified at the time the benefits become payable.  The so called “Plan Documents Rule” can have a harsh effect as it applies even when the former spouse has waived all interest in an employee’s ERISA plan during state court divorce proceedings.  See McMillan v. Parrott, 913 F.2d 310 (6th Cir. 1990); Kennedy v. Plan Administrator for DuPont Savings and Investment Plan, 555 U.S. 285 (2009).  The Supreme Court has rationalized strict interpretation of the Plan Documents Rule, in part, because it establishes a uniform administrative scheme and simplifies the duties incumbent upon a plan administrator in making distributions. More >

School’s Out for the Summer!: Important Employment Law Considerations when Hiring Interns and Graduates

April 5, 2012
Posted In Americans with Disabilities Act, EEOC, Employee Contracts, Employment Discrimination Laws, Employment Law, Fair Labor Standards Act (FLSA), Hiring and Firing, Informal Discussion Letter (“EEOC Letter”), Internet & Media Law, Workplace Discrimination, Harassment and Retaliation

Spring is here, and along with the change in season comes a flurry of graduation announcements, parties, and for employers, a flurry of applications and resumes from recent high school and college graduates.  Recent graduates and interns provide a wealth of talent for many employers, and often become a core part of their operations and strategy.  However, there are a few employment law considerations that must be understood by a company’s HR representative, and really, everyone involved in the hiring process, when advertising, hiring and determining wages for your Spring hires. More >

Class Action Waivers in Employee Arbitration Provisions: Proceed with Caution – For Now.

April 4, 2012
Posted In Class Action Waivers, Employee Contracts, Employment Law, Federal Arbitration Act (FAA), National Labor Relations Act

Employee arbitration provisions containing class or collective action waivers are frequently utilized by non-union employers, often within employment agreements as a condition of employment.  The National Labor Relations Board (NLRB), however, recently issued a decision regarding the validity of such provisions which could significantly impact the ability of employers to enforce class waivers. More >

Employers Are Demanding Facebook Passwords—Should They?

March 21, 2012
Posted In Employee Contracts, Employment Law, Internet & Media Law, Internet Defamation, Social Media

It’s hard to miss the latest news reports.  Employers around the country are demanding Facebook passwords from both applicants and current employees in order to monitor employee activity.  While the allure is understandable – in this day and age, almost any negative internet-based comment about an employer can be found by customers, clients and potential employees – the real question is, should an employer take such a drastic step?  Probably not. More >

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