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McBrayer Blogs

Showing 9 posts from September 2013.

McBrayer Attorneys' 2013 KYSHRM Conference Presentation

On September 25th, Amy D. Cubbage and Cynthia L. Effinger spoke at the 29th Annual Kentucky SHRM Conference, held in Louisville, KY. Their presentation, "Social Media: Strategy and Implementation. Are you protected?," focused on what companies can do to protect their businesses when issues arise (both internally and externally) with social media. The presentation included informative tips on how to create an legally sound social media policy and some new issues that employers and HR managers will soon face in the social media realm. If you missed the presentation, you can check out Amy and Cindy's presentation here and find a copy of their supporting documents here. More >

Fighting the Flu (and Liability) in the Workplace, cont.

On Monday, we examined the basic concept of employer-mandated flu vaccinations.  Generally speaking, employers may require at-will employees to get a flu shot and may terminate an employee based upon a refusal. The right to terminate, however, is not without limitation,  and a recent case on this issue instructs that certain protected rights and classifications likely must be considered prior to termination. More >

Fighting the Flu (and Liability) in the Workplace

As summer draws to an end, flu season is lurking right around the corner. Last year’s flu season was especially hard-hitting. Many employers have taken proactive steps in recent years to protect their workforce by offering free flu vaccines or encouraging employees to get one on their own. But, can employers go one step further and require their at-will employees to receive flu shots? More >

Severance Packages and Unemployment Benefits

As an employer, one of the most difficult parts of the job can be letting an employee go or eliminating their position. When the departure is an amicable one, many employers choose to provide a severance package. In some cases, an employment contract or union agreement may require severance pay no matter how the relationship ends. More >

Who’s GINA and What Should I Know About Her?

GINA is not a who, but rather a what. The Genetic Information Nondiscrimination Act (“GINA”) was passed by Congress in 2008. GINA makes it illegal for employers with 15 or more employees to discriminate against employees or applicants on the basis of genetic information. Employers cannot lawfully inquire about (1) an individual’s genetic tests; (2) the genetic tests of an individual’s family members; or, (3) the manifestation of a disease or disorder in the family members of such an individual. More >

It’s Still Pay As You Go: No Comp Time Allowed

In May of this year, the U.S. House of Representatives passed the Working Families Flexibility Act (H.R. 1406), which seeks to amend the federal Fair Labor Standards Act (“FLSA”) to permit private sector employees to use compensatory time off, or “comp time,” in lieu of overtime pay.  Supporters cite the flexibility for working families that the availability of comp time provides.  On the other hand, detractors claim that permitting payment for overtime work via time off will unfairly reduce the wages currently earned by overtime-eligible employees.  Since it is unlikely that the amendment will be enacted into law any time soon, employers should take stock to be sure that they are complying with the current law. More >


Most employers in the Commonwealth know that Kentucky – like almost every, other state – is an “at will” employment state.  Generally, employees in the private sector who are not covered by contracts can be dismissed for any reason.  But, do you know the exceptions to the rule?  Some exceptions are codified in statute, and some are established by court decision. More >

NLRB’s Advice Memorandum to Giant Foods LLC: A Giant Shock to Employers, cont.

I informed readers on Monday that the NLRB recently publicly released its Advice Memorandum to Giant Foods LLC. The company’s social media policy contained provisions that prevented employees from sharing confidential or non-public information, using the company’s logo or trademarks or filming the company premises without prior approval. More >

NLRB’s Advice Memorandum to Giant Foods LLC: A Giant Shock to Employers

On July 11, 2013, in response to a Freedom of Information Act request, the National Labor Relations Board (“NLRB”) released a copy of the Advice Memorandum (find it here) issued for Giant Food LLC. The Advice Memorandum, originally issued in  2012, concludes that portions of Giant Food LLC’s social media policy violates the National Labor Relations Act (“NLRA”). More >

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