VanAntwerp Attorneys, LLP
Phone: 606-618-0698

Employment Law Archives

Time spent working via cellphone may be compensable overtime

Are your employees in the habit of checking in after hours via cellphone, instant messenger or email? Are they tracking their hours? They should be. Under the Fair Labor Standards Act, employees must be paid for all work they perform that the employer knows or should know about.

Is your social media policy overly broad from an NLRB standpoint?

If your company has a policy that forbids employees from being critical of it on social media, you may be taking a legal risk. Under the National Labor Relations Act, employees have the right to criticize their companies on social media if their criticisms pertain to protected activity.

Can Kentucky employers ask for notice of guns in the parking lot?

Under Kentucky statute KRS § 237.106, employers can't prohibit people who are legally entitled to possess firearms from storing them in vehicles parked on the employer's property. If an employer takes any negative job action against an employee for legally having a firearm in their vehicle, the employer can be held liable for civil damages.

Is a family leave controversy brewing at Starbucks?

Countless movies and television shows have depicted a lone underling facing off against a group of corporate bigwigs, pleading their case for change. Recently, the classic “David vs. Goliath” dynamic played out in real life at an annual meeting of Starbuck’s shareholders.

Can you fire someone on FMLA leave?

If you're an employer looking to avoid lawsuits over FMLA leave, it can be tempting to believe that employees who are out on leave are "untouchable," and that altering their employment status for any reason could land you in hot water. But in fact, employees who take FMLA leave don't have any more protection against termination than other employees who didn't take FMLA leave. In other words, you as an employer are still allowed to terminate employees who take FMLA leave, as long as that termination has nothing to do with the fact of the employee taking leave in the first place.

The strangest of bedfellows: Social media and the workplace

Modern technology allows easy access data with a tap, swipe or keyboard press. Adding social medial to that mix has created a two-way street. Facebook and Twitter provide friends, family and perfect strangers information into likes, dislikes and beliefs, controversial or otherwise.

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