Social Media/Social Networking/Handbook and Workplace Policies

The use by employees of social media regarding work issues carries significant risks. To mitigate these risks, employers should consider at least some of the following policies: Limiting blogging by employees during work time Prohibiting the disclosure of confidential information to third parties Prohibiting blogging or use of social media concerning the employer altogether Advising […]

Overtime for IT Workers

Computer Professional may be exempt from the payment of overtime under certain circumstances including the following: The employee must be paid at a rate not less than $455 per week or $27.63 per hour The employee must be employed as a computer systems analyst, computer programmer, software engineer or other similarly skilled worker in the […]

OSHA/Whistleblowers/Private Causes of Action/Affordable Care Act

In Kentucky and in Federal OSHA matters, employers are prohibited from retaliating against alleged “whistleblowers”.  There is no private cause of action for such alleged whistleblowers, meaning they cannot sue their employers in court, either State or Federal. OSHA and its Kentucky Department of Labor counterpart investigate and prosecute such actions administratively upon receiving a […]

Severance Payment/FICA Contributions

The U.S. 6th Circuit Court of Appeals (covering Kentucky) has ruled that payments made under a Severance Agreement are not taxable because they are actually supplemental unemployment compensation which is itself, not taxable. Employers who have withheld FICA contributions would be entitled to seek a refund from the IRS and presumably employees paying taxes on […]