Kentucky News & Analysis

  • How to help your employees sidestep distractions

    Under the law, employers must pay employees for all the time they work. However, those paychecks might not necessarily reflect the quality of the work employees have completed. With the ability to access Google and social media with a light tap on a cell phone screen, employees can easily become unfocused. Regardless of any restrictions you impose on your employees' use of personal devices at work, these distractions are here to stay. The big question is, how can you manage all the evil devices sidetracking your good employees?

  • Peering into employment law crystal ball toward 2024

    According to Benjamin Franklin, the only things that are certain are death and taxes. Given how rapidly our world is changing, it may be foolish to make predictions about what the employment law landscape will look like four years from now. However, based on the evidence available today, we can make some educated predictions about what it may look like in 2024.

  • Employers can't use contracts to shorten statutory limitations periods

    For every employment law, there is a period of time—generally known as the "statute of limitations"—when an employee must file or forfeit a claim against her employer. The theory being, you can't just "sit on your rights" but must file your claim while the evidence is still fairly fresh. Limitations periods prevent employers from being blindsided by claims about events occurring in the distant past, for which key defense witnesses or evidence may no longer be available. So, if a claim limitations period is a good thing for starters, wouldn't it be great to make the time limit even shorter? Tennessee employers should take heed, however, because a recent case throws a wet blanket on that concept.

  • NC court allows former employee's disability claims to proceed to trial

    A North Carolina federal trial court recently denied an employer's request to dismiss a former employee's disability discrimination and retaliation claims under the Americans with Disabilities Act (ADA). The case provides a helpful reminder of why you must be ready to articulate and provide concrete support for any alleged "undue hardship" a requested reasonable accommodation would create before denying it.

  • Handling office romance in #MeToo era: Know your options

    As Valentine's Day nears, love is in the air—and oftentimes in the workplace. Although workplace romance is common, it can make HR professionals fret about all the what-ifs. What if a relationship is between a supervisor and a direct report? What if rumors of favoritism poison the workplace environment? What if one or both participants is married to someone else? What if a couple's public displays of affection make coworkers uncomfortable? What if a relationship goes sour and the breakup affects morale? And perhaps the most important question to consider: What if a relationship is one-sided and is more accurately described as sexual harassment instead of consensual?

  • Something lacking in your workplace? Boosting employees' soft skills can help

    Anyone involved in recruiting and hiring knows the importance of assessing a candidate's skills. Does the candidate have the right training, experience, and credentials to do the job? But anyone in charge of hiring (or maybe even rehabilitating already-employed workers who aren't quite measuring up) knows that merely evaluating a candidate's hard skills isn't enough. More and more, employers are finding "soft skills" are essential in the workplace.

  • You may be able to force employees to go on vacation

    I recently received similar questions from two different clients who provide a generous amount of paid time off (PTO) that employees may use for any purpose. One client wanted to require employees to use at least five days of leave consecutively each year. The other told me it had eliminated the requirement but was now thinking about reinstating it. Their questions led to interesting discussions about the purposes behind "forced vacation" rules, and I thought it might be helpful to share what I learned with our readers.

  • Cutting-Edge HR

    Report identifies most important skills for recruiters. LinkedIn's new Future of Recruiting report identifies the number one priority for recruiting organizations during the next five years will be keeping pace with rapidly changing hiring needs. The report finds that talent analytics roles have grown by 111% since 2014. The data also show that the three skills that will become more important over the next five years are the ability to engage passive candidates, the ability to analyze talent data to drive decisions, and the ability to advise business leaders and hiring managers. Among the other findings, the report notes that demand for recruiting professionals is at an all-time high, the career path to becoming a recruiter is evolving, and deeper investments in technology will be required to find quality candidates.

  • Federal Watch

    NLRB releases 2019 case-processing data. The National Labor Relations Board (NLRB) has announced progress in case processing in three of its divisions for fiscal year (FY) 2019. The Office of Appeals, which reviews appeals by employers, unions, and individuals who believe their unfair labor practice allegations have been wrongly dismissed by an NLRB regional office, reduced its backlog of cases from 294 in FY 2018 to 98 in FY 2019. The Division of Advice, which provides guidance to the regional offices on difficult and novel issues arising in the processing of unfair labor practice charges, reduced the average age of closed cases for FY 2019 to 38.6 days, a 9.8% reduction from FY 2018. The Board's Freedom of Information Act (FOIA) Branch processes all FOIA requests made to the agency. In FY 2019, the branch reported that it responded within 20 working days to 67.5% of FOIA requests and 90% of FOIA appeals.

  • HR Technology

    AI ready to make impact on HR? As artificial intelligence (AI) continues to make an impact on business, HR may be poised to feel the impact soon. In December 2018, tech marketplace firm G2 looked ahead to HR trends set to emerge in 2019 and beyond. One prediction: AI-driven HR technology innovations will see a significant increase. The G2 research found companies increasingly leveraging AI technology to help identify data opportunities, improve internal workflows, and increase productivity. AI-embedded HR technologies also were predicted to improve the employee experience, which begins with the candidate experience. AI also was predicted to enhance the employee lifecycle from recruiting through offboarding since the technology can help businesses treat their candidates and employees like loyal customers.