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Showing 60 posts in Human Resource Department.

Have You Conducted a Mid-Year Performance Review?

July 2, 2014
Posted In Employee Performance Reviews, Employment Law, Hiring and Firing, Human Resource Department

As we find ourselves halfway through 2014, I suggest that employers pause to consider conducting a mid-year performance review. Many employers meet their annual review process with a certain amount of dread and, thus, doing it twice seems rather painful. There are, however, compelling reasons to conduct a bi-annual review for your workforce. Let’s consider a few of the positive things that come from this practice: 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 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 >

Digital “Off-the-Record” Conversations?

March 3, 2014
Posted In Employee Handbook, Employee Misconduct, Employee Performance Reviews, Employment Law, Human Resource Department, Internet & Media Law, Internet Defamation, Job Requirement, Online Account Protection, Online Defamation, Social Media, Social Media Policies

Employers and business professionals are no strangers to “off-the-record” conversations and closed-door meetings. In today’s world, though, many long for a way to converse online without a permanent record of the conversation existing somewhere out there in Internet-land. New apps have responded to this need; think Snapchat (the popular app that allows users to set a predetermined time for how long recipients can view their photos) for text messaging. TigerText, Wickr, and Confide are just some of the self-destructing text apps that have recently emerged. Businesses, however, should proceed with caution when using these – they could not only present an air of impropriety but also be a legal hazard. More >

The Affordable Care Act & Small Business Recap

February 12, 2014
Posted In Employee Benefits, Employer Group Health Plans, Employer Mandate, Employment Law, Human Resource Department

On February 4, McBrayer and Business Lexington presented a panel discussion on how small businesses can navigate the Affordable Care Act.  Attendees received real-world advice on how to traverse the new landscape of health insurance. A huge thank you to the panelists: Jon Carroll, Beverly Clemons, Betsy Johnson, Cris Miller, and Garry Ramsey. More >

Dealing with the DOL at Your Door, Part I

February 3, 2014
Posted In Employee Misconduct, Employee Personnel Files, Employment Law, Federal Department of Labor, Hiring and Firing, House Labor and Industry Committee, Human Resource Department, Kentucky Labor Cabinet, Kentucky Wage and Hour Act, Supervisor, U.S. Department of Labor, Wage and Hour

The United States Department of Labor (“DOL”) conducts workplace inspections for potential violations of wage and hour laws. Employers often place frantic telephone calls to their lawyer when an investigator from the Wage and Hour Division (“WHD”) knocks on their door for good reason: a DOL investigation should be  taken seriously. Any last-minute attempt to pass muster typically falls short, and leaves an employer in violation of wage and hour laws which may subject them to hefty fines. A violation can result in wage restitution, interest, and liquidated damages.  Preparedness is key, and an employer’s institution of the following five guidelines can drastically improve their position should the DOL initiate an investigation. More >

Varying Maternity Leave Policies, cont.

October 30, 2013
Posted In Employee Benefits, Employment Discrimination Laws, Employment Law, Family and Medical Leave Act (“FMLA”), Human Resource Department, Maternity Leave

On Monday, it was discussed that it is typically acceptable to offer different maternity leave benefits for employees at separate employer locations (such as a corporate office versus store locations). Further, it was noted that it is generally acceptable to have varying policies amongst employees, so far as the policies are applied within the parameters of the law (i.e., not discriminatory). More >

McBrayer Attorneys' 2013 KYSHRM Conference Presentation

September 30, 2013
Posted In Human Resource Department, KYSHRM 2013, National Labor Relations Act (NLRA), National Labor Relations Board (NLRB), SHRM, Social Media, Social Media Ownership, Social Media Policies, Social Privacy Laws, Uncategorized

On September 25th, Amy D. Cubbage and Cynthia L. Effinger spoke at the 29th Annual Kentucky SHRM Conference, held in Louisville, KY. Their presentation, "Social Media: Strategy and Implementation. Are you protected?," focused on what companies can do to protect their businesses when issues arise (both internally and externally) with social media. The presentation included informative tips on how to create an legally sound social media policy and some new issues that employers and HR managers will soon face in the social media realm. If you missed the presentation, you can check out Amy and Cindy's presentation here and find a copy of their supporting documents here. More >

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