Employment Law Blog

Vacation Pay at Termination: What’s your Policy?

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 >

Shortening Statutes of Limitations for Kentucky Civil Rights Act Claims by Agreement

Employment discrimination claims under the Kentucky Civil Rights Act (“KCRA”) are subject to a five (5) year statute of limitation.  This lengthy amount of time during which terminated employees may bring claims under the act may place employers in an uneasy position, even when the claim is less than viable.  For example, an employer terminated today may be able to file a KCRA claim against his or her former employer as late as July of 2017.  It essentially requires an employer to preserve evidence which may be utilized for its defense for several years in the future – during which time other employees alleged to have done wrong may leave the company, or move departments or locations, or during which time memories may simply fade – just in case the former employee decides to initiate an action under the KCRA. More >

CONSEQUENCES OF MISCLASSIFYING WORKERS AS INDEPENDENT CONTRACTORS

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?

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?

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 >

Pregnancy Discrimination

In preparing for a recent mediation, I learned that that there has not been a verdict for a plaintiff presenting a pregnancy discrimination case in Kentucky for fifteen years.  That, however, does not mean that the cause of action is dead.  Employers should remain cognizant that the Pregnancy Discrimination Act prohibits employers from discriminating against female employees for “pregnancy, childbirth, or related medical conditions”. In fact, since the Hall v. Nalco Co. decision was rendered by the 7^th Circuit in 2008, Courts have consistently interpreted “related medical conditions” to include pre-pregnancy procedures such as in vitro fertilization procedures. Protecting yourself from a discrimination claim in this context may present unique difficulties as an employers’ institutional knowledge of an employee’s medical condition may depend on the degree to which an employee feels comfortable disclosing the reason for her medical treatment to her supervisor.  Of course, employers who intend to take either an active or passive adverse employment action against a female employee must be prepared to articulate a legitimate, non-discriminatory reason for the adverse employment action.  Employers should keep in mind that an adverse employment decision based upon a female’s medical condition, or absence from work due to an unspecified medical condition, could result in the first favorable verdict for a Plaintiff alleging pregnancy discrimination in recent memory.

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This article does not constitute legal advice.

New NLRB Report on Employer’s Social Media Policies

On May 30, 2012, General Counsel for the National Labor Relations Board (NLRB) issued a report focusing exclusively on employer social media policies for employees. The report contains seven total cases and found that six of the cases had some lawful provisions, and only one case had a social media policy that was entirely lawful. In general, social media policy provisions are unlawful where they interfere with the rights of employees under the National Labor Relations Act (NLRA), such as the right to discuss working conditions and wages with other employees. In light of this new report, now is a great time to review your social media policy. McBrayer PLLC can assist you with your social media policy needs to help ensure compliance with the NLRA.

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This article does not constitute legal advice.

GUIDELINES FOR HIRING MINORS

Hiring employees for temporary summer employment can be stressful for a small business that is short on time and swamped with the seasonal demands the summer can bring.  Summer employees need to be trained quickly so that they can hit the ground running and start contributing to your success in as little time as possible.  One advantage to seasonal hiring during the summer is that there is an abundant source of young workers who are off from school and able to fill many different positions.  Their demand for wages is often lower because they are not supporting families of their own yet and their availability is very flexible because they are not in school.  It is important that your business follow all legal requirements related to the hiring of young people in order to ensure that the company remains in compliance and is not subjected to penalties or fines. More >

Have employers gone too far?

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

NLRB’s Continued Focus on Social Media

NLRB’s Continued Focus on Social Media, Use of Reinstatement Remedies to Protect Concerted Activity, and New Guidance for Employers Drafting Social Media Policies More >