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“Solving the Skills Gap in Kentucky” by DBL’s Mark Guilfoyle featured in The Goods, a publication from the Kentucky Association for Manufacturing
Managers want to terminate employment of a poor performer without doing the hard work first. Employees should be provided a chance to improve and necessary feedback. Managers need to coach and help to set goals. Employees do not always know what is expected of them and managers should not assume that an employee knows Read More
With a Republican majority in both houses of the Kentucky General Assembly for the first time in nearly a century, legislative changes to Kentucky’s labor laws have already begun. In the first few days of the 2017 General Assembly, the legislature enacted new laws implementing “right-to-work” and repealing prevailing wage. Right-to-Work House Bill 1 and Read More
With the increase in employment law cases over the last several years, employers are looking for ways to protect its business and assets. This has led to a dramatic increase in employers purchasing Employment Practices Liability (“EPL”) insurance. Some employers purchase a separate policy or the EPL coverage may be a rider to a general Read More
At the height of the social media age, employee rights policies are standing tall against many organizations.
Section 7 of the NLRA states that “employees have a right to self-organization, to form, join or assist labor organizations…and to engage in other concerted activities for the purpose of…mutual aid or protection.” The NLRB has consistently taken the approach that employees who vent on social media are in fact engaging in concerted activity and Read More
Join us for our annual Employment & Labor Seminar and hear from leaders across the region. Topics to include: Liability of the Untrained Manager Understanding Claim Triggers, Reporting and Mitigation Employee Engagement – A Best Practice Approach No Two Background Checks Are Created Equal Importance of Employee Assistance Programs Legislative Updates Network with colleagues and business leaders Read More
When the Equal Employment Opportunity Commission (EEOC) investigates a disability discrimination complaint brought under the ADA, one of the first things the investigator will look for is whether the employer engaged in the “interactive process” with the employee. Participation in the interactive process is mandatory for employers once an employee asks for an accommodation. As Read More
Legislation Would Clarify Definition of 'Joint Employer'
This article was originally published in Middle Market Growth, the official publication of ACG, Association for Corporate Growth. Identical bills to limit the impact of a recent decision by the National Labor Relations Board were introduced on Wednesday by committee chairmen in the U.S. House and Senate. The legislation, “The Protecting Local Business Opportunity Act,” would clarify Read More
The Department of Labor issued a new FMLA poster and updated FMLA forms. The following is a list of the forms.
The Cincinnati Business Courier and NKU Chase College of Law Present Small Business Essentials Workshop Series
The Cincinnati Business Courier and NKU Chase College of Law present a new workshop series, Small Business Essentials, starting on March 11th. The cost is $149 for eight sessions or $99 per individual session. At least 1 hour of general CLE credit is anticipated in Kentucky and Ohio for each workshop. HRCI credit is anticipated for the April session.
You're Invited to Attend Northern Kentucky Society For Human Resource Management's Legal Update on January 14, 2014
You’re invited to attend a legal update on religious discrimination in the workplace presented by Northern Kentucky Society for Human Resource Management and sponsored by DBL Law. DBL Partner Kelly Schoening will be the speaker.
The Obama Administration has announced that it will delay the implementation of the employer mandate until 2015. The mandate, a key component of the Affordable Care Act, would have penalized employers with more than 50 employees if they fail to provide a minimum standard of affordable health insurance by 2014.
All employers are now required to use a new I-9 Form. Effective May 7, 2013, the new form replaces all prior forms and must be used for newly hired employees. The new form also must be used to reverify employees whose documentation is expiring.
Tuesday, May 7th, 2013, the U.S. Court of Appeals for the District of Columbia vacated a new NLRB rule requiring businesses to put up posters informing employees of their right to form a union.
Case Study: A DBL client was subject to suit after a sub-contractor performed non-union work on the client’s property and was reported to his union. After oral argument, DBL was successful in obtaining summary judgment on each of the sub-contractor’s claims in the Hamilton County Court of Common Pleas.
In a recent case, U.S. v. Quality Stores, Inc., 110 AFTR 2d ¶2012-5253 (9/7/2012), the Sixth Circuit Court of Appeals ruled that severance payments are not subject to FICA withholding. The court ruled that the payments were supplemental unemployment compensation benefits that are not considered wages for FICA purposes.
The EEOC recently released new guidance to employers explaining the parameters of using criminal records in employment decisions without violating federal law.
An employer’s policy of not hiring anyone with an arrest record disparately impacts African-American and Hispanic men according to the EEOC.
The Sixth Circuit Court of Appeals adopted a new legal standard for proving disability discrimination claims. The Court adopted the same standard used by the US Supreme Court in age discrimination cases.
Attendance and tardiness issues with employees are the most difficult to manage. There are very few jobs where attendance is not a key requirement. Employees who are chronically absent, late or who leave early put a drain on morale and on the workplace. However, disciplining or terminating such an employee is a very tricky issue. A variety of factors must be considered before instilling discipline.
Employers must be mindful that the Americans with Disabilities Act (ADA) applies to a wide range of both physical and mental conditions, as a March 29 decision from a Washington federal court makes clear. The case is one of the first disability discrimination lawsuits taken to trial concerning bipolar disorder.
You are invited to attend St. Elizabeth Business Health Presents: “Employer Sponsored Onsite Clinics” on April 18, 2012 from 7:30 – 11:00 am at the Marquis Banquet and Conference Center in Wilder, KY.
In the recent case of Marmet Health Care Center, Inc. v. Brown, the United States Supreme Court issued a ruling on two consolidated cases involving negligence suits against nursing homes in West Virginia. The key issue in these cases was whether the Federal Arbitration Act (FAA) preempted a West Virginia state-law rule declaring invalid all pre-dispute arbitration agreements that apply to personal-injury or wrongful-death claims against nursing homes. While the West Virginia appellate court held that the FAA did not preempt this per se categorical rule, the U.S. Supreme Court found that the state court’s decision was incorrect.
On February 17, the U.S. Senate and the House of Representatives both voted to extend the 2% payroll tax cuts for the rest of 2012. This new legislation is “a bill to extend the payroll tax holiday, unemployment compensation, Medicare physician payment, provide for the consideration of the Keystone XL pipeline, and for other purposes.” Had lawmakers not reached this agreement, the payroll tax cuts would have expired on February 29. The bill will be forwarded to President Obama, who has indicated that he will sign it into law.
The ever-increasing use of social media by employees who comment and post on work-related topics continues to be a focal point for the National Labor Relations Board. In August 2011, the NLRB published a report that summarized recent cases involving social media issues, and, on January 24, the agency released another report with updates in this area of law. The latest report focuses on several issues including whether employer policies that limit employee social media use are overly broad and could reasonably be interpreted as restricting employee communications that are protected under the National Labor Relations Act.
The number of discrimination complaints received by the U.S. Equal Employment Opportunity Commission rose to an all-time high last year, led by an increase in discrimination charges based on religion and national origin.