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Showing 11 posts in Kentucky Labor Cabinet.

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 >

Guidelines for Hiring Summer Interns

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.

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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 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 >

Employing Teenagers: What Businesses Need to Know

The current economy has produced a bad job market for teenagers.  According to the U.S. Bureau of Labor Statistics, teen employment is at a 37 year low.  Across the country, only 17 out of every 100 high school students have jobs.  There is high unemployment and stiff competition for jobs among this age group. Still, some employers recognize that employing teens not only benefits the youth by teaching them valuable skills, it also helps to build consumer loyalty for businesses. Employers considering hiring minors must be aware of the special laws governing child labor in Kentucky. More >

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

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.

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Are Your Workers Properly Classified?

In May of this year, the U.S. Department of Labor (DOL) recovered more than $1 million in back wages and damages from a Kentucky-based company for misclassifying 196 employees as independent contractors.  The action against Bowlin Group, LLC, a company which installed equipment for Insight Communications throughout Kentucky and Ohio, was part of DOL’s “Misclassification Initiative,” begun in 2011.

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Are You Ready for an OSHA Inspection?

Any employer who does business long enough in Kentucky will probably face an OSHA inspection.  It could be next week, next month, or next year.  It will happen regardless of whether the employer is in a low, medium, or high hazard industry. In Kentucky, most workplace safety is regulated by the Kentucky Labor Cabinet’s Occupational Safety and Health Program (KOSH).   As a state-plan OSHA state, Kentucky has more resources than federal OSHA to devote to inspections.  Are you prepared?  The consequences of noncompliance can be substantial.

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Employee’s Role in Timekeeping Emphasized in New Sixth Circuit Opinion

A recent court ruling by the Sixth Circuit, which includes Kentucky, has received extensive publicity for its holding relative to employer’s obligations for employee lunch breaks. In White v. Baptist Memorial Health Care Corp., 11-5717 (6th Cir. App. 2012), the United States Court of Appeals for the Sixth Circuit held that the employee “bears some responsibility for the proper implementation of the FLSA’s overtime provisions […] an employee cannot undermine his employer’s efforts to comply with the FLSA by consciously omitting overtime hours for which he knew he could be paid.”[1] More >

Your Employees Get Tips, So Should You

Some tips for complying with state and federal wage and hour laws for tipped employees. More >

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