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Showing 247 posts in Employment Law.

NLRB Decision Limits Employer’s Off-Duty Policy

June 9, 2014
Posted In Employee Benefits, Employee Handbook, Employee Personnel Files, Employment Law, National Labor Relations Act, National Labor Relations Act (NLRA), National Labor Relations Board (NLRB)

The National Labor Relations Board (NLRB) recently issued a decision in Piedmont Gardens, 260 NLRB NO. 100 (2014) regarding the legality of an employer’s off-duty access policy. Piedmont Gardens is a nursing home. Many employers, especially those in health care or other highly-regulated industries, have policies that prohibit against employees lingering around the job site when not working. Off-duty employees can not only be a disruption to the business and create security risks, but can also increase an employer’s liability. After the newest NLRB decision on the issue, however, employers should review their policies to ensure that they do not run afoul of federal law. More >

Guidelines for Hiring Summer Interns

June 2, 2014
Posted In Department of Labor ("DOL"), Employee Benefits, Employment Law, Hiring and Firing, Human Resource Department, Kentucky Labor Cabinet, Wage and Hour

Summer is upon us. For employers, that means so is the prospect of hiring summer interns. Each year, clients contact McBrayer employment attorneys about the legality of their internship programs. Hiring interns gives employers access to highly motivated, educated young workers who bring a fresh perspective to the office and (sometimes) have little to no expectation of pay in return. It seems like a win-win situation, but in recent years, the practice of hiring unpaid interns has become increasingly scrutinized by the Department of Labor. In fact, there have been several high-profile cases wherein unpaid interns have sued employers (including Conde Nast Publications, Sirius XM Radio, and Warner Music Group), alleging violations of the Fair Labor Standards Act (“FLSA”), which establishes minimum wage and overtime compensation requirements for non-exempt employees. More >

The EEOC in 2014

By Cynthia L. Effinger on May 21, 2014
Posted In EEOC, Employment Discrimination Laws, Employment Law, Genetic Information Nondiscrimination Act ("GINA"), Hiring and Firing

Last year was a record-breaking year for the Equal Opportunity Commission (“EEOC”), which obtained approximately $372 million for workers alleging workplace discrimination. In the EEOC’s annual report, the agency asked for $75 million to support their litigation efforts in 2014…thus, they show no sign of slowing down. According to EEOC Commissioner Constance Barker, “Since we’ve got so much authority delegated to the agency’s general counsel, 2013 really became the year of litigation, and I think 2014 will continue that trend…I think private companies ought to expect to see more aggressive use of the litigation process, more aggressive pursuit of systemic discrimination cases and more cases bypassing the commission’s review and vote.” More >

A Review of the EEOC in 2013

By Cynthia L. Effinger on May 19, 2014
Posted In ADA Amendments Act of 2008 (“ADAAA”), EEOC, EEOC v. Hill Country Farms, Employment Discrimination Laws, Employment Law, Hiring and Firing, Litigation

One of the best ways that employers can know what liability risks they are most likely to encounter in any given year is to review what an agency was targeting in the previous year and to review the agency’s work plan. I recently reviewed some 2013 statistics from the Equal Employment Opportunity Commission (“EEOC”) that are worth sharing: More >

Cloud Concerns for Employers: Part 2

May 14, 2014
Posted In Employee Hazards, Employment Law, Social Media Ownership

Earlier this week, I discussed the possibility of increased wage and hour claims that go along with the increased use of cloud platforms. Today, let’s explore another potential problem that clouds can cause in the workplace. More >

Cloud Concerns for Employers: Part 1

May 13, 2014
Posted In Cloud, Employee Handbook, Employment Law, Non-exempt employees, Wage and Hour

Most employers are relying on cloud computing these days. While it may sound like a complex term, cloud computing is really just a way to store and access data and programs over the Internet instead of a computer's hard drive. If you are using Google Docs, DropBox, or Skype at your office, then you have been in the cloud. More >

The Use of Background Checks in Hiring Procedures

May 7, 2014
Posted In Employment Discrimination Laws, Employment Law, Equal Employment Opportunity Commission v. Kaplan Higher Education Corp., Hiring and Firing, Job applications

The Sixth Circuit (encompassing Kentucky, Michigan, Tennessee and Ohio) recently sent a strong message that baseless suits against employers will not survive summary judgment. The case, Equal Employment Opportunity Commission v. Kaplan Higher Education Corp. et al., No. 13-3408 (6th Cir., Apr. 9, 2014), involved the use of credit checks in hiring decisions. More >

The Sixth Circuit Broadens Telecommuting as a Reasonable Accommodation For Disabled Employees

By Luke A. Wingfield on May 2, 2014
Posted In Americans with Disabilities Act, Employment Law, Hiring and Firing, Human Resource Department, Job Description, Job Requirement, Telecommuting

In a new decision involving the Ford Motor Company handed down by the U.S. Court of Appeals for the Sixth Circuit, the Court has expanded the instances in which a telecommuting arrangement would be considered a reasonable accommodation for disabled employees in accordance with the Americans with Disabilities Act (“ADA”).[1] In Ford Motor Company, Jane Harris, who worked in a supply purchasing position, was terminated from her position after she asked to perform her job primarily via telecommunication in an attempt to control her unfortunate symptoms of irritable bowel syndrome. There was no dispute that she possessed a disability affecting a major life activity. So the discussion revolved around whether she could do her job via telecommuting and whether Ford’s proposed alternative accommodations were acceptable. Ford denied the request for telecommuting even though it did allow those in positions such as Harris to work from home on a limited basis. According to Ford, Jane’s physical presence at the workplace was critical to the group dynamic of the resale-buyer team and thus her request was unreasonable. The district court sided with Ford, granting the employer summary judgment as to claims of failure-to-accommodate under the ADA and retaliation. The question on appeal was whether Harris created sufficient questions of fact for her case to be allowed to proceed. The Sixth Circuit agreed that Harris did present sufficient questions of fact for her claim to be considered and in so doing appeared to send a message to employers that they need to be more flexible in considering telecommunication as a reasonable accommodation. More >

Detecting FMLA Abuse

April 16, 2014
Posted In Adverse Employment Action, Employee Benefits, Employment Law, Family and Medical Leave Act (“FMLA”), Human Resource Department, Litigation

Dealing with employees who abuse FMLA can be difficult. Letting abuse run rampant, however, can impact business productivity and put a damper on company morale (as present employees often have to pick up the slack of someone on leave). Employers who detect abuse must proceed with caution because it is very easy to run afoul of regulations. More >

Curbing FMLA Abuse

April 14, 2014
Posted In Adverse Employment Action, Employee Benefits, Employment Law, Family and Medical Leave Act (“FMLA”), Hiring and Firing, Human Resource Department

The Family Medical Leave Act (“FMLA”) permits eligible employees to take up to 12 work weeks of leave during a 12-month period if a serious health condition makes the employee unable to perform the functions of his or her position. When an employer suspects that an employee is abusing the FMLA leave, employers may feel caught in a classic Catch-22. They can ignore the abuse and operate with a reduced workforce, or subject themselves to an interference or defamation suit if they decide to challenge or confront the employee about the questionable leave. More >

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