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Showing 212 posts in Employment Law.

Overtime Law Update – One Rule Stalled, One Law Gaining Momentum

Posted In Department of Labor ("DOL"), Employment Law

In 2015 and 2016, the Obama administration’s Department of Labor (“DOL”) released proposed and final rules that were set to dramatically change the face of overtime exemptions by raising the threshold salary requirement to around $47,500.  The Final Rule became effective as of December 1st, 2016, but several contemporaneous events have worked to upend the new regulation, and changes are afoot even now with respect to overtime. It’s time to take a quick look at the status of overtime regulations. More >

Recap of the Webinar, "The New Overtime Rules Are Coming - Are You Ready?"

On  Thursday, July 30th, McBrayer hosted a webinar entitled, "The New Overtime Rules Are Coming - Are You Ready?" The webinar was hosted by attorney Cynthia L. Effinger of McBrayer's Louisville office. This well-attended drew participants eager to understand how the recently-released Department of Labor Notice of Proposed Rulemaking will affect employers throughout the state and nation. This webinar focused on the following core concepts:

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E-Cigarettes and Workplace Smoking Policies: To Ban or Not to Ban, that is the Question

Woman Smoking With Electronic CigaretteSmoking in the workplace is slowly becoming an antiquated notion. Federal and state laws ban smoking in some places, and an increasing patchwork of local ordinances decreases the availability of indoor and even outdoor smoking in some circumstances. Complicating matters, as it usually does, is the rise of new technology that straddles the line between permissible and impermissible conduct – the e-cigarette. The question employers now have to struggle with is whether these devices, which purport to alleviate the harmful effects of smoke on both the user and those inhaling second-hand, should fall under broad workplace bans on smoking.

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Making Sure Your FMLA Policy Covers the Basics

Too often, employers assume that their policies comply with the basic tenets of regulatory provisions and proceed to other details without regular, careful review. This complacency, however, is where mistakes multiply, which can result in costly outcomes. In the case of Tilley v. Kalamazoo County Road Commission, for instance, the court reiterated that failure to review basic FMLA rules and train employees accordingly could lead to an unwelcome result. More >

Employees vs. Independent Contractors: The Consequences of Misclassification

Posted In Employment Law, Independent Contractors

The distinction between independent contractors and employees carries more burdens, consequences, and decisions than ever before. In addition to the tax consequences, there are health care compliance consequences, workers’ compensation consequences, and even intellectual property consequences. Understanding the consequences of misclassification is paramount to properly structure an employer’s workforce. More >

Who Owns What When a Copyrighted Work is Created in the Workplace

Something employers, employees and contractors don’t often consider is the ownership and attribution of copyrighted property created for an employer on behalf of an employee. Copyright has value, so the ownership of it might sometimes come into dispute. Clear agreements as to the ownership and attribution of intellectual property provide insight – i.e., any works created by an author as a result of the course and scope of that author’s employment with a company are company property. What happens, however, when a clear agreement isn’t in place? Who owns the intellectual property then?

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Hair Trigger: When are Employee Notice Provisions Triggered under the FMLA?

It can be hard to know when an employee is invoking rights under the Family and Medical Leave Act (“FMLA”). Every employer wants FMLA-requested leave to come in the form of 30 days advance notice, filed in the appropriate manner pursuant to company policy. However, a triggering event for FMLA leave can come from something as simple as an employee asking for a day off for medical reasons. It’s important to understand what the FMLA requires of employers in that instance to fulfill their responsibilities.

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This Party is BYOD, Part Two

The discussion in the last post focused on reasons for allowing BYOD in the work place and some traps to watch out for, which continues below. More >

This Party is BYOD, Part One

The word you’re looking for is “ubiquity.” It describes the near-total assimilation of technology into every aspect of our lives. The words “cell phone” are falling by the wayside as the words “smart phone” take their place, and soon enough the word “phone” might be dropped altogether as a relic of a time when people used them primarily (and ever so quaintly) for actually talking to each other. These relatively recent smart devices are upending the traditional separations between work and home, with uncertain results. For some employers, “bring your own device” (“BYOD”) is considered a boon, allowing employees to stay connected to the workplace at all times through the comfort and convenience of their personal devices. For others, BYOD could be a nightmare, with IT advisory company Gartner calling it, cheekily, “a disruptive phenomenon where employees bring non-company IT into the organization and demand to be connected to everything – without proper accountability or oversight.”[1] Chances are good that the true answer might be a little bit of both as lines continue to blur across the wirelessly-connected workforce. Gartner estimates that as many as 90% of workplaces will have some aspect of BYOD in place by 2017. We’ll explore the reasoning behind BYOD and the pitfalls that can accompany it before delving into what makes for a strong BYOD policy. More >

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 >

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