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Showing 8 posts from February 2014.

Unemployment Benefits Refresher, Part I

 A common administrative headache for employers is dealing with terminated employees who go on to seek unemployment benefits. While an employer has the right to challenge the award of unemployment benefits, choosing to do so requires careful consideration.  The process can be time-consuming and may require a commitment of more resources than one would like.  Additionally, challenging an award of unemployment benefits may serve to push a former employee into litigation that he or she may not have pursued otherwise.  That being said, if an employer has good documentation regarding a termination and clear, uniformly enforced employee policies, challenging a claim for unemployment benefits can be successful. More >

Is a Lateral Transfer Adverse Employment Action?

The Sixth Circuit Court of Appeals recently held that, under certain circumstances, a lateral transfer can constitute adverse employment action for purposes of Title VII, the ADEA, and Section 1983.  In Deleon v. Kalamazoo Cnty. Road Comm’n, No. 12-2377 (6th Cir. Jan. 14, 2014), the Court held that a lateral transfer may be “adverse” to the employee when the terms and conditions of the transfer are inferior to what the employee originally sought. More >

THE ACA AND OSHA ENFORCEMENT

Soon, all employers with 50 or more full-time employees must offer health care coverage to their employees or be fined.  In order to be counted as full-time under the Affordable Care Act (ACA), an employee must work at least 30 hours per week.  Some employers might decide to use more temporary workers and contractors to avoid the employer mandate under the ACA.  In doing so, employers must be aware that still have certain obligations to protect the safety and health of those temporary or contract workers. More >

The Affordable Care Act & Small Business Recap

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 >

Employers Should Take Note of WorkSmart Kentucky

On January 27, 2014, Governor Steve Beshear announced the launch of WorkSmart Kentucky, an initiative aimed at matching employers with their workforce needs. WorkSmart Kentucky is comprised of professionals from the state’s Cabinet for Economic Development, Education and Workforce Development Cabinet, Labor Cabinet, and the Kentucky Community and Technical College System.  Governor Beshear hopes the program will help “maintain the Commonwealth as a key player in the global economy for years to come.” As employers know, qualified workforces are the essential factor for success. More >

Dealing with the DOL at Your Door, Part II

Much of the anxiety that a Department of Labor (“DOL”) Wage and Hour Division (“WHD”) investigation causes is due to the mystery of the investigative process. In this case, what you don’t know can hurt you. If an employer is unaware of the process or its demands, too much or too little information may be handed over – resulting in negative consequences. Let’s take a look at how the investigation will be conducted once the DOL investigator steps inside the workplace. More >

Dealing with the DOL at Your Door, Part I

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 >

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