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McBrayer Blogs

Showing 22 posts in Wage and Hour.

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 >

Employee’s Role in Timekeeping Emphasized in New Sixth Circuit Opinion

February 11, 2013
Posted In Employment Law, Fair Labor Standards Act (FLSA), Hiring and Firing, Human Resource Department, Job Requirement, Kentucky Labor Cabinet, Wage and Hour, White v. Baptist Memorial Health Care Corp.

A recent court ruling by the Sixth Circuit, which includes Kentucky, has received extensive publicity for its holding relative to employer’s obligations for employee lunch breaks. In White v. Baptist Memorial Health Care Corp., 11-5717 (6th Cir. App. 2012), the United States Court of Appeals for the Sixth Circuit held that the employee “bears some responsibility for the proper implementation of the FLSA’s overtime provisions […] an employee cannot undermine his employer’s efforts to comply with the FLSA by consciously omitting overtime hours for which he knew he could be paid.”[1] More >

Your Employees Get Tips, So Should You

January 25, 2013
Posted In Employment Law, Human Resource Department, Kentucky Labor Cabinet, U.S. Department of Labor, Wage and Hour

Some tips for complying with state and federal wage and hour laws for tipped employees. More >

Five Essential Elements of a Good Description

October 24, 2012
Posted In Employee Contracts, Employee Personnel Files, Employment Law, Hiring and Firing, Human Resource Department, Job Description, Job Requirement, Wage and Hour

Most companies of any significant size have, and should have, written job descriptions for each of its employment positions.  The process of crafting these descriptions should start before the hiring process begins to fill positions, for good job descriptions are essential to identifying the various employee attributes needed by an employer. However, job descriptions historically are also one of the most widely used pieces of evidence in employment claims by plaintiffs.  For this reason job descriptions need to be well written and carefully crafted to mitigate the risk of creating a document that can be used against an employer later in court. More >

The evolving landscape of employee text-messaging privacy issues

September 21, 2012
Posted In Employee Personnel Files, Employment Law, Wage and Hour

On Wednesday we examined employee privacy rights in the context of work and personal email use.  In much the same vein, privacy laws surrounding employee text messages are an increasingly important concern to employers. Although personal phone calls are frequently addressed in company employment policies, the greater concern in our current smartphone culture is employee text messaging. The privacy laws surrounding employers’ ability to monitor and act on employees’ use of personal text messages are not well-developed and remain relatively unsettled. More >

Smartphones - 24/7 Access: When are employees off the clock?

August 31, 2012
Posted In Employee Performance Reviews, Employee Personnel Files, Employment Law, Fair Labor Standards Act (FLSA), Human Resource Department, Wage and Hour, Workplace Discrimination, Harassment and Retaliation

With instant access to all things via smartphones and the internet, it has become increasingly easy for employees and employers to stay connected to work all the time. Smartphone access and being constantly connected is part of our professional make-up, and necessary to keep pace with the speed of the information highway. Right? Connectivity is firmly woven into everyday business practices but at what price? More >

After-hours Supervision Policies

August 29, 2012
Posted In Employee Contracts, Employment Law, National Labor Relations Act, Wage and Hour

Do you need to have a supervisor present when associates are working after hours or on the weekends? There is no law that requires that all work be supervised. So, it is perfectly legal and acceptable to have employee’s work after hours or on the weekends on company premises.  However, doing so raises some legal concerns. More >

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 >

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