About Kyle Smith

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So far Kyle Smith has created 8 blog entries.

Unintended Consequences and Your Employee Handbook

The National Labor Relations Board, “NLRB,” could find well-intended rules in your employee handbook to be unlawful. Which of the following handbook rules do you think the NLRB found unlawful? Do not discuss customer or employee information outside of work, including phone numbers and addresses. Be respectful to the company, other employees, customers, partners, and [...]

By | 2017-09-19T15:08:44+00:00 September 20th, 2017|Human Resources|0 Comments

There is no free lunch for Employers

Employers should keep in mind that if they do not pay hourly (non-exempt) employees for a meal period, the employee must be completely relieved of duties during the non-compensated time. Additionally, the meal period must be at least 30 minutes. While this appears to be a reasonable rule, uncompensated meal periods and time worked before [...]

By | 2017-09-07T11:06:03+00:00 September 7th, 2017|Employees|0 Comments

BEWARE THE INFLEXIBLE LEAVE POLICY

Employers should be aware that the EEOC has taken the position that leave policies under which an employee’s employment is automatically terminated after a set number of days, or months, violate the ADA. Case in point: the EEOC sued Lowes last year for violating the ADA by failing to provide leave as an accommodation to [...]

By | 2017-08-25T11:29:55+00:00 August 24th, 2017|Employee Leave, Employees|0 Comments

Kentucky Workers’ Compensation: Q and A on Employee’s Double Dipping on TTD Benefits and Wages for Light Duty

Q.  Can an injured employee receive TTD benefits for a period during which she was paid her regular wages while working light duty? A.  Notwithstanding three recent Kentucky Supreme Court cases dealing with the issue, the answer is still not crystal clear. A bill was introduced in the 2016, and 2017, legislature that would have [...]

By | 2017-08-15T10:53:15+00:00 August 15th, 2017|Workers' Compensation|0 Comments

Employee Turnover: Some Random Thoughts

When one views any turnover statistics, perhaps the old maxim about the 3 types of lies should come to mind: 1) Lies; 2) Damn Lies; and 3) Statistics. This is because employers utilize different criteria when calculating their turnover rates. However, a business owner doesn’t really need to rely on a numbers analysis to know [...]

By | 2017-08-15T10:55:51+00:00 August 3rd, 2017|Employee Turnover|0 Comments

Reefer Madness?

A court in Massachusetts has allowed an employee who tested positive for marijuana to continue her disability discrimination case against the employer who terminated her employment based on the positive drug test. The facts in the case are a little clouded: The employee, CB, was offered a job promoting food products in food stores for [...]

By | 2017-07-31T04:36:16+00:00 July 25th, 2017|Business Ownership, Employees, Human Resources|0 Comments

The Department of Labor’s “new” federal overtime rule

Quick Update on The Department of Labor’s (DOL) “new” federal overtime rule: As you may recall, in November a federal judge issued an injunction delaying enforcement of the new overtime rule that would have increased the exempt salary threshold amount from $23,660 to $47,476. A recent brief filed in the case by the Department of [...]

By | 2017-07-17T09:53:04+00:00 July 17th, 2017|Business Ownership|0 Comments

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