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McBrayer Blogs

Showing 7 posts from November 2013.

Foul on the Play: When Bullying in the Workplace Is Real

When Miami Dolphins player Jonathan Martin made allegations that veteran teammate Richie Incognito had bullied and hazed him so badly that he had no choice but to leave the team, the NFL was collectively stunned. Bullying in professional football? Can such a thing exist? More >

What You Should Know About Wage Garnishment

Wage garnishment is a legal means of collecting an unpaid debt through a direct payroll deduction. In most cases, a creditor must file a lawsuit and obtain a judgment against the debtor before a garnishment can be instituted (there are, however, a few exceptions to this general rule). More >

An Employer’s Duty Re: Jury Duty

Serving on a jury is one of the most important civic duties that a citizen can fulfill. For employers, however, having employees miss days or weeks at a time to sit on a jury can a mean a lag in productivity. If an essential employee is summoned for service it may be tempting for the employer to persuade him or her to find a way out of participating. As an attorney, I have often heard jurors attempt to skirt their duty by saying, “You Honor, I cannot miss work.”

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Facebook Friends & Workplace Enemies, cont.

On Monday, I provided details about the Ehling case wherein an employee had made an inappropriate Facebook post and, unbeknownst to her, had that Facebook post sent to her manager by a Facebook “friend” and coworker. More >

Facebook Friends & Workplace Enemies

Inappropriate Facebook posts, pictures and the like have led to many firings in recent years. A large number of employees have become smarter on social media and made a concerted effort to not “friend” a manager or boss. They think that they are keeping their online persona and work reputation separate…but is that really possible when dealing with the Internet? More >

All in the Family: What You Need to Know about Hiring Relatives

Recently, a business owner asked me if it is illegal to hire relatives to work in his company.  I replied, “No, but sometimes it is.” Confused, he continued, “A few of the people who already work here are related to other employees, but should I establish a policy prohibiting nepotism?”  My response was, “Yes, but maybe not in the way you think.”  There is no easy answer to the question of how to handle nepotism in the workplace.  Employers must strike a balance in their policies and practices to avoid pitfalls on both sides of the issue. More >

Don’t hazard a guess: December 1 is the deadline for OSHA GHS employee training

In 2012, the Occupational Safety and Health Administration (OSHA) amended its Hazard Communication Standard (HCS) by adopting the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). GHS is a world-wide method of classifying and communicating chemical hazards.  Hazardous communication experts around the world have been working on it for years. The revised HCS, which OSHA calls “HazCom 2012,” covers every workplace where there is exposure to hazardous chemicals.  Nationwide, five million facilities and 40 million workers are affected. The Kentucky Occupational Safety and Health Standards Board adopted the new standard ver batim on May 7, 2013.   By December 1, 2013, employers must train their employees on the new label and safety data sheet (SDS) formats. More >

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