Governor Andy Beshear has issued a new executive order significantly expanding the types of businesses which must cease operations during
Kentucky Supreme Court Bans Mandatory Arbitration Agreements
February 5, 2019 Nicholas Birkenhauer
Employment arbitration agreements, which require an employer and employee to arbitrate their disputes rather than litigate them, are a common
Supreme Court Finds that Time Employees Spend in Security Screening is Not Compensable
February 2, 2016 Nicholas Birkenhauer
In an important Fair Labor Standards Act (FLSA) case, Integrity Staffing Solutions, Inc. v. Busk, the Supreme Court recently ruled
2015 Supreme Court Decision Affects Religious Accommodations in the Workplace
December 2, 2015 Nicholas Birkenhauer
An employer may not make an applicant’s religious practice, confirmed or otherwise, a factor in employment decisions, according to a
Emotional Distress Damages Now Easier to Obtain in Employment Discrimination Cases
November 3, 2015 Nicholas Birkenhauer
A recent decision from the Kentucky Supreme Court has clarified the quantum of proof required to support a claim for
What to Do When an Employee Requests a Reasonable Accommodation
October 1, 2015 Nicholas Birkenhauer
When the Equal Employment Opportunity Commission (EEOC) investigates a disability discrimination complaint brought under the ADA, one of the first
Following Supreme Court Decision, Large Employers Must Prepare for Upcoming ACA Mandates
July 21, 2015 Nicholas Birkenhauer
On June 25, 2015, the United States Supreme Court upheld a key provision of the Affordable Care Act (ACA) in
FMLA Protections for Same-Sex Couples Expanded
June 9, 2015 Nicholas Birkenhauer
A recent change to the Family Medical Leave Act (FMLA) has given employers yet another thing to keep in mind
New NLRB “Ambush” Election Rule Now In Effect
May 7, 2015 Nicholas Birkenhauer
The National Labor Relations Board’s controversial final rule revamping its procedures for union elections, commonly referred to as the “ambush”
Recent Supreme Court Case Opens Door to Pregnancy Discrimination Claims
April 2, 2015 Nicholas Birkenhauer
The U.S. Supreme Court has clarified an employer’s obligations under the Pregnancy Discrimination Act to accommodate pregnant employees who have
Non-Profits Be Mindful: You May be Required to Pay Employees for Volunteer Time
March 10, 2015 Nicholas Birkenhauer
Employees who work for not-for-profit organizations can be some of the most committed and caring employees in the workforce. Indeed,
Kentucky Employers Beware: Your Non-Competition Agreements May No Longer Be Valid
January 29, 2015 Nicholas Birkenhauer
Kentucky courts have always strictly construed employee non-competition agreements against employers and in favor of employees. This means that any
NLRB Rules that Employees Can Use Employer Email for Union Organizing
January 6, 2015 Nicholas Birkenhauer
The National Labor Relations Board (NLRB) has reversed existing law and ruled that an employer that allows employees access to
Navigating the ADA’s Rules on Physical Examinations in the Workplace
November 4, 2014 Nicholas Birkenhauer
The circumstances under which an employer can require an employee to undergo a physical examination is an issue HR professionals
Employers Take Notice: New I-9 Form Required Beginning May 7
May 9, 2013 Nicholas Birkenhauer
All employers are now required to use a new I-9 Form. Effective May 7, 2013, the new form replaces all prior forms and must be used for newly hired employees. The new form also must be used to reverify employees whose documentation is expiring.
Employees' Social Media Activity: NLRB Clicks the "Like" Button
April 24, 2012 Nicholas Birkenhauer
The proliferation of social media issues in the workplace has created a multitude of challenging new problems for employers. The National Labor Relations Board (NLRB) is doing its best to expand that list.
Terminated Employee with Bipolar Disorder Awarded $315,000 in ADA Case
March 30, 2012 Nicholas Birkenhauer
Employers must be mindful that the Americans with Disabilities Act (ADA) applies to a wide range of both physical and mental conditions, as a March 29 decision from a Washington federal court makes clear. The case is one of the first disability discrimination lawsuits taken to trial concerning bipolar disorder.
EEOC Charges Rise to Record High
February 7, 2012 Nicholas Birkenhauer
The number of discrimination complaints received by the U.S. Equal Employment Opportunity Commission rose to an all-time high last year, led by an increase in discrimination charges based on religion and national origin.
Employers Can Prevent Doomsday Scenario With Restrictive Covenants
December 14, 2011 Nicholas Birkenhauer
A company’s most valuable asset is its customers. Businesses expend a great deal of energy to develop and maintain client relationships. What happens, though, when an employee exits the company to start a competing business and takes valuable clients with him? Without adequate safeguards, the results can be devastating.
Employers: Consider Shortening the Statute of Limitations for Employee Claims
July 27, 2011 Nicholas Birkenhauer
This spring a federal court in Louisville approved a new way for Kentucky employers to limit their liability in employment-related lawsuits. The court upheld a prior agreement between an employer and employee where they had agreed to shorten the statute of limitations to one year for any future lawsuit brought by the employee. Since the employee in this case filed her discrimination and wrongful termination claims eighteen months after she was terminated – six months beyond the shorter statute of limitations they had agreed to – the court held that the agreement barred the employee’s claims and dismissed the lawsuit.
NLRB Flexing Its Pro-Labor Muscles
April 7, 2011 Nicholas Birkenhauer
Organized labor appeared to suffer a major blow when the last Congress failed to pass the Employee Free Choice Act (EFCA). To some, EFCA’s demise signaled the end of the modern labor union. But the National Labor Relations Board (NLRB) is making sure that doesn’t happen. With a majority of its members appointed by the current administration, the NLRB is flexing its muscles in support of organized labor and workers’ rights.
How You Conduct a RIF Can Reduce Your Risk of Being Sued
April 13, 2009 Nicholas Birkenhauer
The economic crisis is taking its toll on employers. Businesses large and small are slashing payroll and laying off employees.
