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McBrayer Blogs

Showing 83 posts from 2014.

OSHA’s New Reporting Requirements Will Not Apply In Kentucky

In September, we told you that the U.S. Department of Labor had published its final rule amending the federal Occupational Safety and Health Administration’s (OSHA) reporting and recordkeeping regulations.  The new rule revises the reporting requirements regarding severe injuries and updates the list of industries partially exempt from recordkeeping requirements established in 29 CFR 1904.   As we explained, the new requirements go into effect in federal jurisdictions on January 1, 2015. However, since Kentucky operates an approved state plan, the new reporting requirements do not apply to employers in the Commonwealth. More >

HIPAA Considerations In The Event Of Employee Death or Incapacitation

The Health Insurance Portability and Accountability Act of 1996, otherwise known as HIPAA, acts in part to provide federal protection for identifiable health information retained by covered entities, which includes most businesses that offer company health plans. While many employers have policies and procedures in place to ensure HIPAA compliance in routine, every day matters relating to the management of employee health data, few employers have developed policies or even considered how to manage protected health information in the unfortunate event of employee death or incapacitation.

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blogs-Employment-Law-Blog,updated-enhanced-eeoc-enforcement-guidance-what-does-it-mean-for-employers-and-pregnant-employees

In our previous blog post, we discussed and detailed the Pregnancy Discrimination Act and the stringent Enforcement Guidelines distributed by the EEOC this summer. On December 3rd, the United States Supreme Court will hear oral argument in Young v. United Parcel Service, and decide whether the EEOC interpreted the Pregnancy Discrimination Act correctly in deciding that an employer is “obligated to treat a pregnant employee temporarily unable to perform the functions of her job the same as it treats other employees similarly unable to perform their jobs, whether by providing modified tasks, alternative assignments, leave, or fringe benefits.” More >

Updated & Enhanced EEOC Enforcement Guidance – What Does it Mean for Employers and Pregnant Employees?

In 2013 alone, 5,342 discrimination claims were filed alleging pregnancy discrimination. The result – employers paid out over $17 million in monetary benefits last year. In fact, the EEOC’s statistics do not include monetary benefits obtained through litigation; thus, employers likely paid out a significant amount more than $17 million. To avoid adding to this figure, employers must pay particular attention to pregnancy discrimination in the workplace, be mindful of what is required to comply with federal and state law, and take precautions to ensure that no discriminatory practices exist in the workplace. More >

Kentucky Supreme Court Decision Drastically Impacts All Non-Compete Agreements

Earlier this year, the Kentucky Supreme Court reversed the Kentucky Court of Appeals’ holding in Creech, Inc. v. Brown, and held, in a landmark decision, that continued employment, standing alone, is no longer sufficient consideration to justify or support enforcement of a non-compete agreement. This reverses prior precedent that employer-employee agreements may be executed in exchange for merely retaining one’s job. While the case has an intricate and complex set of facts, this article focuses on the consideration requirement only, as the Kentucky Supreme Court chose not to address any other issues.

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Who Owns Your Business’s Social Media Accounts?

Businesses are increasingly relying on social media to establish and grow their products and/or services. While the advantages of using social media are vast (i.e., it is inexpensive, comes with a virtually global audience, and has frequent and immediate contact potential), it does come with risks. Among the dangers is failing to address who owns a social media account. This is very much still an emerging issue in the law, but some existing case law and best practices can provide guidance as to how these ownership cases develop and how they can be avoided. More >

Getting “Sandwiched” Into a Non-Compete Agreement

The Huffington Post recently reported that Jimmy John’s, the national sandwich chain, requires its workers to sign strict non-compete agreements. The agreement was disclosed as part of a lawsuit by employees, and many in the employment industry are wondering if such an agreement is really necessary for the company’s minimum wage workers. These agreements are usually saved for high-level executives or those subject to proprietary information – not the guy behind the counter making a sub. More >

Case to Watch: Integrity Staffing v. Jesse Busk

The U.S. SGavel on court deskupreme Court recently heard oral arguments in a case where the fundamental question concerned whether employers have to pay workers for time spent undergoing security checks as part of their entering and or exiting the workplace. The outcome of this case will likely affect how hourly employees are compensated for tasks outside their regular work shift.

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