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McBrayer Blogs

Showing 8 posts from August 2013.

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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Final Rules on Wellness Programs Issued, cont.

If you missed Monday’s post, I began describing the final rules issued by the Departments for employment-based wellness programs. The final rules introduce notable changes to health-contingent wellness programs. More >

Final Rules on Wellness Programs Issued

Recently, the departments of Treasury, Labor, and Health and Human Services (the “Departments”) published the final rules for wellness programs offered in conjunction with group health plans. The rules implemented the Affordable Care Act (“ACA”) requirements. The regulations became finalized on August 2, 2013, and will apply to group health plans for plan years beginning on or after January 1, 2014. More >

Employee Benefits in the Wake of Windsor, cont.

Earlier this week, I discussed how the landmark Supreme Court decision in United States v. Windsor will result in many employer-related issues in states that do recognize same-sex marriages. What about non-recognizing states? Two federal district courts have begun to address the quandary. More >

Employee Benefits in the Wake of Windsor

On June 26, 2013, the U.S. Supreme Court, in United States v. Windsor, declared unconstitutional Section 3 of the federal Defense of Marriage Act (“DOMA”), which had prohibited the federal government from acknowledging marriages between same-sex couples. At the time of the ruling, same-sex marriages were recognized in 12 states and the District of Columbia. The decision does not require states to recognize same-sex marriages; Kentucky is among the states that do not. However, that does not mean that Kentuckians, specifically Kentucky employers, are insulated from the effects of this decision. More >

Kentucky Court of Appeals Weighs in Favor of Employee: Is Morbid Obesity a Disability? Part II

Our post on Monday detailed background information on a recent decision from the Kentucky Court of Appeals styled as Pennington v. Wagner’s Pharmacy, Inc. Before being heard by the Court of Appeals, the case was heard at the trial court, where the court had to consider whether the plaintiff, Melissa Pennington, was disabled as defined by the Kentucky Civil Rights Act due to morbid obesity. More >

Kentucky Court of Appeals Weighs in Favor of Employee: Is Morbid Obesity a Disability?

Kentucky’s statutes, which are mirrored after the federal Americans with Disabilities Act, make it unlawful for an employer to discriminate against an employee due to a disability. KRS 344.040(1) and 207.150. In a recently-issued decision, the Kentucky Court of Appeals has greatly increased the potential liability exposure that employers may face with respect to  discrimination clams. More >

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