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Showing 52 posts in Hiring and Firing.

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

February 11, 2013
Posted In Employment Law, Fair Labor Standards Act (FLSA), Hiring and Firing, Human Resource Department, Job Requirement, Kentucky Labor Cabinet, Wage and Hour, White v. Baptist Memorial Health Care Corp.

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 >

Can you fire an employee for being too sexy? Don’t count on it, notwithstanding a recent Iowa decision to the contrary.

January 7, 2013
Posted In Employee Misconduct, Employment Discrimination Laws, Employment Law, Hiring and Firing, Human Resource Department, Workplace Discrimination, Harassment and Retaliation

On the Friday before Christmas, the Iowa Supreme Court issued an opinion in which it held that it is not gender discrimination for a male boss to fire a female subordinate on the grounds that she is an irresistible sexual attraction for him, even when the female employee engaged in no improper conduct.  Should you rely on this decision in making hiring and firing decisions? More >

Kentucky’s Municipal Employers Achieve Major Victory in 2012

December 12, 2012
Posted In Civil Rights, Employment Law, Hiring and Firing, Human Resource Department, Kentucky’s Whistleblower Act, Municipal Liability, Public Sector Liability, Wilson v. City of Central City, Workplace Discrimination, Harassment and Retaliation

For many, December is a time for reminiscing on the events that shaped the previous year. In our professional lives, this time affords many of us the opportunity to note those developments throughout the year that will shape and impact the year to come, or with a recent major victory for municipalities in the Commonwealth of Kentucky, years to come.  Thanks in part to the vigilant efforts of McBrayer PLLC, municipal employers in Kentucky scored a resounding victory in 2012 concerning interpretation of Kentucky’s Whistleblower Act. For these municipal employers, reduced exposure to liability awaits them in 2013 and beyond. More >

Fresenius USA Manufacturing, Inc.- Forcing Employers to Navigate the crossroads of workplace harassment & the NLRA

December 5, 2012
Posted In Employee Misconduct, Employee Performance Reviews, Employee Personnel Files, Employment Discrimination Laws, Employment Law, Hiring and Firing, Human Resource Department, National Labor Relations Act, National Labor Relations Board (NLRB), Workplace Discrimination, Harassment and Retaliation

Properly navigating workplace harassment laws is a tricky endeavor for any company.  A recent decision from the National Labor Relations Board (NLRB) in Fresenius USA Manufacturing, Inc. (September 19, 2012) makes employers’ obligations in this arena even more uncertain. More >

EEOC’s Focus on Pregnancy Discrimination

November 7, 2012
Posted In EEOC, Employment Discrimination Laws, Employment Law, Employment Non-Discrimination Act ("ENDA"), Family and Medical Leave Act (“FMLA”), Hiring and Firing, Human Resource Department, Pregnancy Discrimination Act, Strategic Enforcement Plan (SEP), Workplace Discrimination, Harassment and Retaliation

Earlier this week, we gave you an overview of the issues that, according to a recent draft of its Strategic Enforcement Plan (“SEP”), the EEOC is likely to target in the coming years.  One of the emerging issues highlighted in that draft relates to pregnancy discrimination, specifically, situations which force women into unpaid pregnancy leave after being denied accommodations routinely provided to similarly situated employees.  In lock step with the EEOC’s express priorities, the following relevant cases have emerged over just the last few months: More >

Looking at the EEOC’s Draft Strategic Enforcement Plan

October 31, 2012
Posted In Americans with Disabilities Act, EEOC, Employment Discrimination Laws, Employment Law, Hiring and Firing, Strategic Enforcement Plan (SEP), Workplace Discrimination, Harassment and Retaliation

Last month, the U.S. Equal Employment Opportunity Commission's (EEOC) released a draft of its Strategic Enforcement Plan (“SEP”). The SEP is intended to, amongst other goals, establish priorities for the EEOC in the coming years. The draft included five broad nationwide priorities, as follows: More >

The Particulars of a Job: Description vs. Requirements

October 26, 2012
Posted In Employee Contracts, Employee Performance Reviews, Employee Personnel Files, Employment Law, Hiring and Firing, Human Resource Department, Job Description, Job Requirement

In most cases the quality of the workforce determines the success of any business. As we discussed on Wednesday (10/24/12), there are five essential elements of a job description but there is a compelling need to focus specifically on requirements. A job description defines the duties, tasks and responsibilities of a position, creating a framework for hiring the right candidate. The description is used in marketing and promotion to attract new talent to the company. The requirements set the stage for digging deep into the details of the position and reflect the culture of the company.  They have emerged as the strategic details that can set the candidates apart and make it easier for HR managers to look for an employee to specifically match the employee’s long-term goals. More >

Five Essential Elements of a Good Description

October 24, 2012
Posted In Employee Contracts, Employee Personnel Files, Employment Law, Hiring and Firing, Human Resource Department, Job Description, Job Requirement, Wage and Hour

Most companies of any significant size have, and should have, written job descriptions for each of its employment positions.  The process of crafting these descriptions should start before the hiring process begins to fill positions, for good job descriptions are essential to identifying the various employee attributes needed by an employer. However, job descriptions historically are also one of the most widely used pieces of evidence in employment claims by plaintiffs.  For this reason job descriptions need to be well written and carefully crafted to mitigate the risk of creating a document that can be used against an employer later in court. More >

EMPLOYEE TERMINATIONS: A PRACTICAL CHECKLIST

October 3, 2012
Posted In Employee Contracts, Employee Misconduct, Employee Performance Reviews, Employee Personnel Files, Employment Law, Hiring and Firing, Human Resource Department

Terminating an employee is rarely, if ever, a comfortable process. Personal feelings - not to mention the concerns relative to potential legal ramifications of a termination -  often cause employers to retain an employee who should otherwise be terminated. The following guidelines include several of the most important practical tips to assist employers in the termination process and to help ensure that the employer is protected. More >

Discrimination in the Workplace Continued….

August 24, 2012
Posted In Employment Discrimination Laws, Employment Law, Employment Non-Discrimination Act ("ENDA"), Hiring and Firing, Human Resource Department, Kentucky Civil Rights Act (“KCRA”), Labor and Pensions ("HELP"), U.S. Equal Employment Opportunity Commission (“EEOC”), Workplace Discrimination, Harassment and Retaliation

Following up on our blog post from Wednesday, Progress for Transgender Employees Seeking Protection from Discrimination in the Workplace, the topic really isn’t so far removed from what is going on right in our own community.  In late July the Fayette County Board of Education updated the language of their anti-discrimination policy to include gender identity and sexual orientation as protected classes.  The decision was approved unanimously and applies to students, teachers and school district employees. This adds Fayette County to the list of approximately six other public school districts that have specific prohibitions for these protected classes.  Gender discrimination is banned by all 174 public school districts in Kentucky. More >

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