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Showing 27 posts in Employee Benefits.

NLRB Decision Limits Employer’s Off-Duty Policy, Part II

June 11, 2014
Posted In Employee Benefits, Employee Handbook, Employee Personnel Files, Employment Law, National Labor Relations Act, National Labor Relations Act (NLRA), National Labor Relations Board (NLRB)

Earlier this week, we provided information relative to the NLRB’s decision in Piedmont Gardens, 360 NLRB No. 100 (2014).The issue in the case was the employer’s ability to regulate off-duty employee access to the property, a nursing home. The company handbook contained a provision that generally prohibited off-duty access, unless such access was previously authorized by a supervisor. The NLRB found the “unless previously authorized” caveat to be unlawful because it gave supervisors an unlimited scope in determining when and why employees could access the building. More >

NLRB Decision Limits Employer’s Off-Duty Policy

June 9, 2014
Posted In Employee Benefits, Employee Handbook, Employee Personnel Files, Employment Law, National Labor Relations Act, National Labor Relations Act (NLRA), National Labor Relations Board (NLRB)

The National Labor Relations Board (NLRB) recently issued a decision in Piedmont Gardens, 260 NLRB NO. 100 (2014) regarding the legality of an employer’s off-duty access policy. Piedmont Gardens is a nursing home. Many employers, especially those in health care or other highly-regulated industries, have policies that prohibit against employees lingering around the job site when not working. Off-duty employees can not only be a disruption to the business and create security risks, but can also increase an employer’s liability. After the newest NLRB decision on the issue, however, employers should review their policies to ensure that they do not run afoul of federal law. More >

Guidelines for Hiring Summer Interns

June 2, 2014
Posted In Department of Labor ("DOL"), Employee Benefits, Employment Law, Hiring and Firing, Human Resource Department, Kentucky Labor Cabinet, Wage and Hour

Summer is upon us. For employers, that means so is the prospect of hiring summer interns. Each year, clients contact McBrayer employment attorneys about the legality of their internship programs. Hiring interns gives employers access to highly motivated, educated young workers who bring a fresh perspective to the office and (sometimes) have little to no expectation of pay in return. It seems like a win-win situation, but in recent years, the practice of hiring unpaid interns has become increasingly scrutinized by the Department of Labor. In fact, there have been several high-profile cases wherein unpaid interns have sued employers (including Conde Nast Publications, Sirius XM Radio, and Warner Music Group), alleging violations of the Fair Labor Standards Act (“FLSA”), which establishes minimum wage and overtime compensation requirements for non-exempt employees. More >

Detecting FMLA Abuse

April 16, 2014
Posted In Adverse Employment Action, Employee Benefits, Employment Law, Family and Medical Leave Act (“FMLA”), Human Resource Department, Litigation

Dealing with employees who abuse FMLA can be difficult. Letting abuse run rampant, however, can impact business productivity and put a damper on company morale (as present employees often have to pick up the slack of someone on leave). Employers who detect abuse must proceed with caution because it is very easy to run afoul of regulations. More >

Curbing FMLA Abuse

April 14, 2014
Posted In Adverse Employment Action, Employee Benefits, Employment Law, Family and Medical Leave Act (“FMLA”), Hiring and Firing, Human Resource Department

The Family Medical Leave Act (“FMLA”) permits eligible employees to take up to 12 work weeks of leave during a 12-month period if a serious health condition makes the employee unable to perform the functions of his or her position. When an employer suspects that an employee is abusing the FMLA leave, employers may feel caught in a classic Catch-22. They can ignore the abuse and operate with a reduced workforce, or subject themselves to an interference or defamation suit if they decide to challenge or confront the employee about the questionable leave. More >

Unemployment Benefits Refresher, Part II

By Luke A. Wingfield on February 27, 2014
Posted In Employee Benefits, Employment Law, Hiring and Firing, Unemployment Benefits

Unemployment Benefits Refresher, Part II More >

Unemployment Benefits Refresher, Part I

By Luke A. Wingfield on February 24, 2014
Posted In Employee Benefits, Employment Law, Hiring and Firing, Unemployment Benefits

 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 >

The Affordable Care Act & Small Business Recap

February 12, 2014
Posted In Employee Benefits, Employer Group Health Plans, Employer Mandate, Employment Law, Human Resource Department

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 >

Kentucky House Bill 1 Seeks To Raise Minimum Wage

January 22, 2014
Posted In Earnings, Employee Benefits, Employment Law, Kentucky minimum wage, Kentucky Wage and Hour Act

The 2014 General Assembly is underway and, as always, we will be closely monitoring the proposed legislation. This week, we will take a look at two bills that could greatly impact employers in the Commonwealth. More >

Drug-Free Workplaces, Followed by Drug-Free Benefits?

December 16, 2013
Posted In Drug-Free Workplaces, Employee Benefits, Employment Law, Kentucky Department of Workers’ Claims, Kentucky Labor Cabinet, Senate Bill 157

In recent years, policy makers in numerous states have considered banning welfare, unemployment benefits or workers’ compensation to employees or ex-employees who test positive for drug use. Proponents say that public monies should not be given to those who engage in illicit drug use and likely misuse payments on their addiction. Opponents say that these policies target the already-vulnerable who may be trying to get back on their feet and argue that drug testing procedures can be just as costly as the doled-out payments. The Kentucky legislature may take up the issue in 2014, as it has already showed interest in such measures during past sessions. More >

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