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McBrayer Blogs

Showing 11 posts from 2011.

Is your business covered?

While nearly all business owners know that they need to purchase and maintain insurance to cover unexpected loss and liabilities, many discover only too late that the insurance which they purchased does not provide the extent or type of coverage expected.  It is vitally important that any business owner fully understand what his/her insurance does and does not cover and the types of insurance needed.  What insurance is needed will depend upon factors such as the size of the business, the type of business, the number of employees and the risks involved with operation.  As litigation in general increases, particularly in the employment area, the time to ask questions about the scope of one's coverage is not upon service of suit, but rather, at the time insurance is purchased.  In most instances a variety of insurance coverage is advisable, and the cost of the insurance is routinely minor compared to what the cost would be to defend a lawsuit through trial.  Employment practices liability coverage, for example, is becoming increasingly popular for medium to large employers to protect from suits for harassment, wrongful termination, and the like, and such coverage can prove of vital importance in the event of litigation.   

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FMLA—Designating Leave and Employer Required Notices

A recent article of the Kentucky Employment Law Letter outlined several important provisions of the Family and Medical Leave Act (“FMLA”) regulations concerning notices which an employer must provide to an employee.  Amongst those notices are the general notices which must be posted in a workplace and made part of any employee handbook.  The general notices provide that “every employer covered by the FMLA is required to post and keep posted on its premises, in conspicuous places where employees are employed, a notice explaining the [Act’s] provisions and providing information concerning the procedures for filing complaints of violations of the Act with the [federal] wage and hour division”, and also employers must “provide this general notice to each employee by including the notice in employee handbooks or other written guidance to employees… or by distributing a copy of the general notice to each new employee upon hiring.”  These provisions for general notice regarding FMLA are easily complied with and very straight forward.  Other notices can be a bit more difficult to keep up with in a busy day-to-day business setting. 

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The Irony of the Communications Decency Act

As many unfortunate individuals have found, there are limited remedies for individuals who are the subject of unflattering information posted on the Internet. Next month, for the first time, a United States District Court in the Sixth Circuit will have an opportunity to rule on the Communications Decency Act which provides internet service providers immunity from liability for publishing defamatory information. The legislative history of the Communications Decency Act reveals that it originally had a far different purpose.

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Who Breached First? Protecting the enforceability of an employer’s no-compete agreement in Kentucky.

Many employers are aware of the substantial benefits a no-compete agreement can provide. No-compete agreements (also referred to as covenants not to compete) offer effective protection for an employer’s legitimate business interests, including but not limited to preventing former employees from taking away clients or customers[i] and protecting against the use and dissemination of an employer’s confidential and/or proprietary information.[ii] Indeed, even Kentucky courts acknowledge that no-compete agreements serve as a “valuable business tool” for employers. [iii] More >

New Requirements for Posting a Notice Advising Employees of their Rights under the National Labor Relations Act Rights Take Effect on January 31, 2012

Posted In Employment Law

For the first time, employers subject to the National Labor Relations Act (“NLRA”) will be required to post notice-advising employees of their rights under the NLRA. Most public sector employers, including non-profits, are subject to the NLRA, not just those with union workforces. Small businesses may be exempt if they have only slight effect on interstate commerce, but this exception does not apply to as many employers as one might think, and small business owners should not assume that they are exempt.  More >

So you have a social media policy. Have you thought about these issues?

Most employers today know about the dangers – and benefits – of social media, and have policies in place to deal with employee use of social media like Facebook and Twitter.  But have you thought about these related issues? More >

Social Media 101: Regulate

            Social media is everywhere and is here to stay.  This summer we have seen the good side of social media through the wonderful on-the-spot news updates during the revolutions and uprisings in the Arab world, most recently in Libya and Syria.  We have also been witness to the dark side, as demonstrated by the downfall of New York Representative Anthony Weiner and his unfortunate distribution of inappropriate personal pictures through Twitter.  The ubiquity of social media has caused a headache for employers, however.  Just how much can and should an employer regulate the social media use of its employees? More >

Around the Virtual Water Cooler: Assessing, Implementing and Enforcing Company Social Media Policies in Light of Recent National Labor Relations Board Trends

It is old news that working-aged people are increasingly utilizing social media, both in and out of the workplace.  In fact, a recent Pew Research Institute study found that 60-69% of Generation Xers (34-45) and approximately one-half of Baby Boomers (46-64) now engage in social networking. Late last year, by several accounts, Facebook even surpassed Google to become the most popular Internet site.[1]  More >

The Ties That Bind: Is Your Arbitration Agreement Enforceable and Binding

Posted In Employment Law

Arbitration agreements are effective mechanisms to resolve employment disputes more efficiently and affordably than traditional litigation.  They are becoming standard practice in most at-will employment situations, and for good reason.  They provide a simple and informal way to resolve employment disputes, as they are relatively inexpensive, more expedient, and reduce legal costs by avoiding the expense of litigation.  Most employers have either already implemented an arbitration agreement program for their employees or have considered it.  But are they enforceable? 

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