Highlighted Posts

By Edwin S. Hopson

Most employers, with some exceptions (such as those with 10 or fewer employees during all of the previous year), must post their OSHA 300 log from February 1, 2011 to April 30, 2011 "in each establishment in a conspicuous place or places where notices to employees are customarily posted. You must ensure that the posted annual summary ...

by Debra H. Dawahare

The Kentucky Court of Appeals has recently upheld the Kentucky Worker’s Compensation Board’s decision to overturn an Administrative Law Judge’s opinion that a roofer was an independent contractor rather than an employee.  In Terry Steinrock and Glenn Coke d/b/a Glenn Coke General Contracting v. Howard C. Cook, et al

By Edwin S. Hopson

The White House recently announced that President Obama plans to nominate Lafe E. Solomon, currently the Acting General Counsel of the National Labor Relations Board, to be the permanent General Counsel at the Board.  Solomon has been the Acting GC since June 21, 2010.  The President also intends to nominate Terence F. Flynn, a ...

By Debra H. Dawahare

The Equal Employment Opportunity Commission announced yesterday that it had a record number of complaints filed in Fiscal Year 2010 (which ended September 30, 2010). 

Of the 99,922 complaints filed with the EEOC in 2010, the top four categories were retaliation, race, disability,  and age.  There were 201 claims filed under ...

by Debra H. Dawahare

Several years ago, when smoking bans in public places were just beginning to be implemented, a cartoon appeared in the New Yorker, showing a person looking quizzically at an alien who had just gotten out of a spacecraft.  “We’ve come here to smoke,” the alien explained. 

 Kentucky smokers may soon have to figure out their ...

By George Miller

On December 22, 2010, the National Labor Relations Board issued a news release inviting interested parties to file briefs on the issue of the appropriate composition of bargaining units in long-term care facilities.  The briefs would be filed in a pending election case in Mobile, Alabama in which the United Steelworkers ...

By Edwin S. Hopson

In a press release dated December 21, 2010, the National Labor Relations Board (in a 3 to 1 decision) announced that on December 22, 2010, it would publish in the Federal Register a Notice of Proposed Rulemaking which rule would require all employers subject to the National Labor Relations Act (“Act”) to post a notice ...

By Edwin S. Hopson

The U.S. Equal Employment Opportunity Commission (EEOC) announced recently that it had filed suit in the U.S. District Court for the Western District of Pennsylvania, Case No. 2:10-cv-01284, against U.S. Steel Corporation claiming it had violated federal law when it applied a nationwide policy of requiring probationary ...

By Edwin S. Hopson

The White House announced on December 2, 2010, that the President was nominating Leon Rodriguez to be Administrator of the Wage and Hour Division of the U.S. Department of Labor.  Rodriguez currently serves as Deputy Assistant Attorney General and Chief of Staff in the Civil Rights Division of the U.S. Department of Justice, where ...

By Kim Koratsky

The employee/independent contractor question is often a thorny issue for employers, but in the next year, it could be an even bigger problem.  According to an article in Crain’s Cleveland Business, “[o]ver the past two years, the Wage and Hour Division of the U.S. Department of Labor has hired more than 350 investigators to ...

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