Highlighted Posts

By Thomas Travis

On April 29, 2019, the Department of Labor issued an opinion letter pertaining to individuals providing services in the “unidentified virtual marketplace,” and placed a thumb on the scale in favor of their status as independent contractors, rather than employees. The “unidentified virtual marketplace,” also known as ...

While many of us were distracted with GoT (for those of you that somehow don’t know what that means, it stands for Game of Thrones) and preparing for Avengers: Endgame (including myself), Uncle Snoop Dogg flew in and left a cloud of Mary Jane over New York when he left. Though not involved with the enactment of a recent bill in New York City, it seems like ...

By Jordan White

On April 22, 2019, the Supreme Court granted certiorari and consolidated three cases involving whether Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1), prohibits employment discrimination based on an individual’s sexual orientation and transgender status. The three cases are: Zarda v. Altitude Express ...

By Mitzi Wyrick

In a ruling that will undoubtedly affect how employers choose to proceed with respect to unemployment claims, the Kentucky Court of Appeals held that employers must have counsel to represent them in referee hearings and before the Kentucky Unemployment Insurance Commission.  In Nichols v. Kentucky Unemployment Insurance ...

Last Monday, the United States Supreme Court accepted for review appeals of three cases that involve similar questions about whether Title VII of the Civil Rights Act of 1964 protects LGBT works from workplace discrimination based on sexual orientation or gender identity. Title VII is the federal law that bans discrimination in the workplace ...

By Michelle Wyrick

On March 25, 2019, Governor Bevin signed legislation providing that an employer may require an employee to sign an arbitration agreement as a condition of employment. The legislation, which amends KRS 336.700, is designed to reverse the Kentucky Supreme Court’s decision in Northern Ky. Area Development Dist. v. Snyder

Finally! Spring is here! Birds are chirping. Grass is growing. The Reds are off to a great start … well … not everything can be perfect. This is the time of year when many of us clean our closets and garages to get rid of old stuff and replace it with new. Those acid-washed jeans from 1987 and the shovel with a broken handle? Replace them with updated  ...

I know you all have been waiting on pins and needles. No? Just me? Well, nonetheless the day has finally come. No I’m not talking about the apocalypse or the end of the world, though what I’m about to say may seem like it for some employers. I’m talking about the EEOC’s announcement regarding the current EEO-1 reporting period.

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By Marianna Michael

On Thursday, March 28, 2019, the U.S. Department of Labor (“DOL”) announced proposed changes to the overtime provisions of section 7(e) of the Fair Labor Standards Act.  In its current form, the statute generally requires employers to pay overtime if workers work more than 40 hours a week.  One exemption to the overtime ...

By Sharon Gold

The Office of the Federal Register officially published the Notice of Proposed Rulemaking (“NPRM”) raising the salary minimum for exempt workers that we discussed last week.  The NPRM proposes to raise the minimum salary for exempt workers to $35,308 per year ($679 per week), from the current minimum of $23,660 per year ($455 ...

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