Kentucky News & Analysis

  • What employers can expect from Biden administration in near term

    Now that the divisive and controversial presidential election is over, what can employers expect from the federal government in the next few months? With our crystal ball dusted off and polished, we expect Joe Biden's administration to make the following changes to the status quo during his first 100 days in office.

  • 4th Circuit lays out employer-friendly framework for ADA claims

    The U.S. 4th Circuit Court of Appeals (whose rulings apply to all North Carolina, South Carolina, and West Virginia employers) recently issued a decision involving a former employee's disability discrimination claim that is expected to be welcomed by employers across the court's footprint. In concluding the employer "at multiple turns" met the Americans with Disabilities Act's (ADA) core obligation of providing reasonable accommodations to employees, the court put forth a framework that balances both disabled workers' needs and employers' legitimate interests.

  • Adios 2020! Ring in 2021 with resolution to better your workplace

    We can all agree 2020 was a difficult year for employees and employers alike. As we enter 2021, it's a good time to reexamine our workplaces and look for ways to make improvements for the business and our employees. Below are some tips for entering the new year on the right foot.

  • 4th Circuit: Safety requirement outweighs ADA claim

    The Americans with Disabilities Act (ADA) provides protection for people with disabilities, but it isn't absolute, as the 4th Circuit pointed out in a recent decision. Read on to see how safety concerns helped an employer prevail in an ADA case.

  • Ready or not . . . here come Biden administration labor law changes

    The saying "elections have consequences" may be about to be proven true in the context of labor law. It doesn't require a political judgment to recognize that if the Biden administration follows through on the Democratic platform and campaign promises, changes to the labor-management status quo will be significant. It's time for prudent businesses to do their best to anticipate and prepare for the changes.

  • Weight of 1,000 (down) feathers: 6th Circuit enforces choice-of-law provision

    When drafting and executing restrictive covenant agreements, employers must consider many factors, especially their enforceability in different jurisdictions and whether the choice-of-law provision is appropriate to the specific employee's situation. The factors' importance was on display in a recent decision by the 6th Circuit (which covers Kentucky and Tennessee employers).

  • Law may protect employees who surreptitiously record their employers

    Often, employees will surreptitiously record supervisors, managers, or coworkers in the workplace in an attempt to gather evidence to support a discrimination claim. Even if the employer has a "no recording" policy in effect, the employees may be protected by federal law from discipline. Determining which conduct is protected by law or subject to discipline can prevent litigation and save you time and money. Accordingly, this article presents some principles for you to consider for no-recording policies and employee discipline for violations.

  • WHD provides travel, training time guidance

    The U.S. Department of Labor's (DOL) Wage and Hour Division (WHD) recently issued two opinion letters addressing when travel time and training time are considered compensable hours worked under the Fair Labor Standards Act (FLSA). Like all opinion letters, the new guidance was based exclusively on the facts of specific cases. Nevertheless, they provide helpful directives on two often-overlooked areas of compensable time.

  • Cupid meets COVID: Harassment threat remains during pandemic

    The days leading up to Valentine's Day are often the time for deliveries of roses and chocolates all over the office. The holiday for sweethearts also can spark talk of office relationships, which sometimes can turn into headaches for HR. Of course, this year is different. But how different, really? With many offices still empty, flirtatious coworkers aren't so obvious, although they may still be out there harassing coworkers remotely. Certainly, socially distanced colleagues can still cross the line and pose sexual harassment problems.

  • Q - A: Dealing with employee pay after demotion

    Q Thirty months ago, we promoted an individual to a position that requires a special license and included a pay raise. He has repeatedly failed to get his license and, as a result, has never been able to perform the job we hired him to do. We have demoted him. Are we able to retrieve back wages for the pay raise he received since he didn't fulfill the required certification?