About Kyle Smith

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So far Kyle Smith has created 35 blog entries.

New U.S. Department of Labor Wage and Hour Opinion Letters

FMLA FLSA2019-1-A – The first question to the agency involved employers permitting employees to exhaust paid leave prior to designating the leave as FMLA leave? The second question was whether an employer can designate more than 12 weeks of leave as FMLA leave. The opinion letter’s guidance is that employers cannot: delay the designation of [...]

By |2019-03-22T11:11:14-04:00March 24th, 2019|Business Ownership, Employees, Human Resources|Comments Off on New U.S. Department of Labor Wage and Hour Opinion Letters

Why Small Business Owners need a PEO (HR Outsourcing Company)

The Savannah CEO recently published an article which cited to a report indicating that almost half of small business owners spend 8 hours per week on HR issues and documentation. So, what can a small business owner do to reclaim that time and spend it on revenue producing activities? The answer is to outsource HR [...]

By |2019-03-01T14:50:20-04:00March 4th, 2019|Business Ownership|Comments Off on Why Small Business Owners need a PEO (HR Outsourcing Company)

Cautionary Note for Kentucky Employers Regarding Arbitration Agreements

Many employers have most likely read recent references about the use of arbitration agreements with employees. The use of such agreements may be a nationwide trend (the Economic Policy Institute reports that 56% of non-union private-sector employees are subject to mandatory individual arbitration procedures). However, employers in Kentucky must take note of a Kentucky Supreme [...]

By |2019-02-11T10:13:41-04:00February 11th, 2019|Business Ownership, Human Resources|Comments Off on Cautionary Note for Kentucky Employers Regarding Arbitration Agreements

COBRA (the law) Can Bite Employers Like Cobra (the snake)

There are many important nuances, but basically the Consolidated Omnibus Budget Reconciliation Act of 1985, “COBRA,” is a federal law that requires employers with at least 20 employees who sponsor a health plan to offer employees and their eligible family members the option to continue benefits for limited periods of time when coverage would otherwise [...]

By |2019-01-31T10:21:40-04:00January 31st, 2019|Business Ownership, Employees, Human Resources|Comments Off on COBRA (the law) Can Bite Employers Like Cobra (the snake)

EEOC’S POSITION ON CRIMINAL BACKGROUND SCREENING

A RECENT CASE SHOULD SERVE TO REMIND EMPLOYERS ABOUT THE EEOC’S POSITION ON CRIMINAL BACKGROUND SCREENING The U.S. Equal Employment Opportunity Commission (EEOC) and Rooms To Go, a large furniture retailer, reached a voluntary conciliation agreement in September to resolve allegations of race discrimination raised by an unsuccessful black applicant whose offer of employment [...]

By |2018-10-19T09:45:40-04:00October 22nd, 2018|Business Ownership, Human Resources|Comments Off on EEOC’S POSITION ON CRIMINAL BACKGROUND SCREENING

The EEOC Too!

THE EEOC’S RECENT SEXUAL HARASSMENT ENFORCEMENT STATISTICS The EEOC recently released the following preliminary FY 2018 data: The EEOC filed 66 harassment lawsuits, including 41 that included allegations of sexual harassment. That reflects more than a 50 percent increase in suits challenging sexual harassment over fiscal year 2017. In addition, charges filed with the [...]

By |2018-10-04T12:52:16-04:00October 8th, 2018|Business Ownership|Comments Off on The EEOC Too!

Employers Face Increased Enforcement Efforts of Immigration Law

Around the first of October, 2017, the Immigration and Customs Enforcement Agency “ICE” issued a directive to increase worksite enforcement investigations. ICE is the federal agency which enforces the IRCA, which requires all employers to verify the identity and work authorization of all employees, and to document that information with the Employment Eligibility Verification Form [...]

By |2018-09-06T14:35:47-04:00September 6th, 2018|Business Ownership|Comments Off on Employers Face Increased Enforcement Efforts of Immigration Law

Responding to an Unemployment Claim Should Be Regarded as a Serious Matter

Employers have a financial interest in providing accurate information in response to a claim for unemployment benefits, in an effort to keep their unemployment experience, and therefore rate, low. That financial interest includes having a system in place to evaluate how they should respond to each claim for benefits, including insuring that any information proved [...]

By |2018-07-09T11:46:56-04:00July 9th, 2018|Business Ownership|Comments Off on Responding to an Unemployment Claim Should Be Regarded as a Serious Matter

EEOC Settlements – Pre-employment Testing

CSX TRANSPORTATION TO PAY $3.2 MILLION TO SETTLE EEOC DISPARATE IMPACT SEX DISCRIMINATION CASE Railroad to Cease Challenged Physical Abilities Testing, Federal Agency Announces HUNTINGTON, W.V. – CSX Transportation, Inc. (CSXT) will pay $3.2 million and furnish other relief to settle a company-wide sex discrimination lawsuit filed by the U.S. Equal Employment Oppor­tunity Commission (EEOC), [...]

By |2018-06-18T11:18:28-04:00June 18th, 2018|Business Ownership, Employees, Human Resources|Comments Off on EEOC Settlements – Pre-employment Testing

New NLRB Guidance On Employee Handbook Rules: A Return To Sanity

As mentioned in one of our blogs last December, the National Labor Relations Board “NLRB” in a case The Boeing Company, overturned a case concerning employer work rules decided under the Obama Board, Lutheran Heritage Village-Livonia. In Boeing, the Board noted that the test in Lutheran Heritage Village-Livonia had produced inconsistent results and “reigned chaos.” [...]

By |2018-06-12T14:38:26-04:00June 12th, 2018|Business Ownership|Comments Off on New NLRB Guidance On Employee Handbook Rules: A Return To Sanity