Total Articles: 30
Jackson Lewis P.C. • May 07, 2019
Non-lawyers may no longer represent employers in unemployment compensation hearings in Kentucky, the Kentucky Court of Appeals has ruled. Nichols v. Kentucky Unemployment Commission, et al., No. 2017-CA-001156-MR, 2019 Ky. App. LEXIS 73 (Ky Ct. App. Apr. 26, 2019).
Fisher Phillips • April 29, 2019
The Kentucky Court of Appeals just held that non-lawyers may no longer represent employers in unemployment proceedings, ruling that such a practice is unconstitutional. As a result, you must immediately adjust any business practice that involves human resources managers, supervisors, or other non-lawyers handling such administrative proceedings.
Littler Mendelson, P.C. • April 21, 2019
Kentucky Governor Matt Bevin (R) recently signed the Pregnant Workers Act, SB 18, to provide pregnancy-related accommodations for employees in the Bluegrass State. This measure amends the Kentucky Civil Rights Act (KCRA) to require employers to make reasonable accommodations for employees related to pregnancy and childbirth, and extends existing protections against retaliation and discrimination to cover pregnancy and childbirth.
Jackson Lewis P.C. • April 17, 2019
Beginning June 27, 2019, Kentucky employers must provide reasonable accommodations to employees who are limited due to pregnancy, childbirth, and related medical conditions, unless it would impose an undue hardship on the employer to do so.
Jackson Lewis P.C. • April 15, 2019
Last week Governor Bevin signed Senate Bill 18, the Kentucky Pregnant Workers Act. The Act amends the Kentucky Civil Rights Act (KCRA) and applies to employers with 15 or more employees within the state in each of twenty (20) or more calendar weeks in the current or preceding calendar year, as well as any agent of the employer. The new law requires employers to provide reasonable accommodations to employees who are limited due to pregnancy, childbirth, and related medical conditions, unless it would impose an undue hardship on the employer to do so. The law includes lactation and the need to express breastmilk for a nursing child as a related medical condition that must be reasonably accommodated absent undue hardship.
Fisher Phillips • April 10, 2019
Under a new law just signed into effect by Governor Matt Bevin yesterday, many Kentucky employers will need to change their human resources practices and provide reasonable accommodations to workers for pregnancy, childbirth, and related conditions. The new law went into effect upon signature, so employers will need to make adjustments immediately in order to stay in compliance. What exactly must Kentucky employers do?
Littler Mendelson, P.C. • March 27, 2019
On March 25, 2019, Kentucky Governor Matt Bevin signed into law a bill that reaffirms an employer’s right to use arbitration agreements. The law substantively amends the language of two state statutes: KRS § 336.700 and KRS § 417.050.
Jackson Lewis P.C. • March 26, 2019
The right of Kentucky employers to require arbitration as a condition of employment and continued employment has been restored by Senate Bill 7, signed by Governor Matt Bevin on March 25, 2019. The new law also provides certain safeguards for employees.
Fisher Phillips • March 26, 2019
Kentucky Governor Matt Bevin signed into law Senate Bill 7 which brings Kentucky back in line with every other state by allowing employers to require employees to arbitrate claims as a condition of employment. The new law, signed yesterday, also allows employers and employees to contractually limit the time period in which employees must file employment-related claims and specifically allows an employer to require, as a condition of employment, a background check. This is all very good news for Kentucky employers.
Fisher Phillips • February 18, 2019
A Kentucky legislative leader has just taken the first step to try to resurrect the ability of employers to require employment disputes to be resolved by arbitration. Kentucky Senate President Robert Stivers has just introduced legislation (Senate Bill 7) to make clear that employers and employees may agree to arbitrate claims related to the employment.
XpertHR • December 04, 2018
The Kentucky Supreme Court has upheld the state's "right to work" law by a 4-3 vote, finding it does not discriminate against unions when compared to other organizations. Kentucky became the nation's 27th right-to-work state in January 2017, making it illegal for workers in the Bluegrass State to be required to join a union or pay dues to a labor organization as a condition of employment.
Jackson Lewis P.C. • November 25, 2018
The Kentucky Supreme Court has rejected a challenge to Kentucky’s “right-to-work” law, holding the law does not violate the Kentucky Constitution. Zuckerman v. Bevin, Nos. 2018-SC-000097 and 2018-SC-000098 (Nov. 15, 2018).
Fisher Phillips • November 18, 2018
A bitterly divided state Supreme Court upheld Kentucky’s right-to-work law by a 4-3 vote yesterday, cementing Kentucky’s status as one of 27 states in the country to have such a law on the books. Although the law was originally signed in January 2017 and immediately took effect, unions in Kentucky resisted accepting the reality of right-to-work and were banking on this litigation to overturn law. Now that the legal challenges have been denied, employers should ensure they are familiar with right-to-work, as the law could have an impact on your workplace.
XpertHR • October 15, 2018
A landmark decision from the Kentucky Supreme Court bans employers from requiring job applicants or employees to sign a mandatory arbitration agreement as a condition of their employment. In Northern Kentucky Area Development District v. Snyder, the court held that state law prevents conditioning employment on an employee's agreement to waive any existing or future claim to which he or she would otherwise be entitled.
Littler Mendelson, P.C. • October 09, 2018
On September 27, 2018, the Kentucky Supreme Court in Northern Kentucky Area Development District v. Snyder1 held that the Federal Arbitration Act (FAA) does not preempt a Kentucky statute, KRS § 336.070(2), barring employers from requiring employees to waive, arbitrate, or diminish statutory rights as a condition or precondition of employment. Although this is ostensibly the first state-wide judicial prohibition on an employer's mandatory arbitration policy, if appealed, the decision is not expected to withstand U.S. Supreme Court scrutiny.
Jackson Lewis P.C. • October 08, 2018
On September 27, 2018, the Kentucky Supreme Court issued its opinion in Northern Kentucky Area Development District v. Danielle Snyder, No. 2017-SC-000277-DG and held that Kentucky employers may not require employees to sign arbitration agreements as a condition of their employment.
Fisher Phillips • October 05, 2018
The Kentucky Supreme Court just outlawed mandatory arbitration agreements that require applicants or employees to sign if they want to be hired or remain employed, making the Bluegrass State the first in the nation to do so. The ruling in Northern Kentucky Area Development Dist. v. Snyder will send shockwaves through the state and cause many employers to immediately change a very common business practice—but will the decision stand? What do employers need to know about this decision and what do they need to do about it?
Fisher Phillips • October 19, 2017
The December 1 compliance date for federal OSHA’s new electronic recordkeeping portion of the new recordkeeping regulation is fast approaching. Known as “Improve Tracking of Workplace Injuries and Illnesses,” the new federal OSHA rule will require certain employers with more than 20 employees to electronically submit injury records that will be posted on OSHA’s website.
Ogletree Deakins • September 08, 2017
On August 24, 2017, the Supreme Court of Kentucky issued its long-awaited decision in McCann, et al. v. The Sullivan University System, Inc., No. 2015-SC-000144-DG (2017), surprising many by overruling the Court of Appeals decision below and opening the door to class actions in Kentucky state courts for alleged violations of Kentucky’s wage and hour statute.
Fisher Phillips • August 24, 2017
The Kentucky Supreme Court ruled today that wage and hour class actions for unpaid wages may be maintained in the state, the first-ever time such lawsuits have been ruled viable. The court’s decision concludes more than a decade of uncertainty surrounding the proper interpretation of the Kentucky Wages and Hours Act, and opens the door for significantly greater liability for Kentucky employers in the future (McCann v. Sullivan University System, Inc.).
Jackson Lewis P.C. • January 17, 2017
Kentucky has passed House Bill 1, the Kentucky Right to Work Act, making Kentucky the 27th state to adopt right-to-work legislation.
Ogletree Deakins • January 12, 2017
In lightning-fast fashion, Kentucky became the 27th state to enact right-to-work legislation over the weekend. After the 2016 elections, in which Republicans took control of the Kentucky House of Representatives for the first time since 1920, right-to-work was at the top of the agenda. Governor Matt Bevin signed the bill (HB-1) into law on Saturday, January 7, 2017—the same day the bill was approved by the Senate and just two days after the House passed it. The law took effect immediately upon its passage.
XpertHR • January 12, 2017
On January 9, Kentucky became the nation's 27th right-to-work state, making it illegal for workers to be required to join a union or pay dues as a condition of employment. Governor Matt Bevin signed the legislation, which is effective immediately.
Littler Mendelson, P.C. • January 11, 2017
Over the weekend, Kentucky lawmakers passed a right-to-work bill, which was promptly signed by Governor Matt Bevin. The new law took immediate effect on January 9, 2017, making Kentucky the 27th state in the nation and the last state in the South to adopt such a measure.
Ogletree Deakins • October 28, 2016
The Sixth Circuit Court of Appeals, in an unpublished decision, recently held that under Kentucky law, merely continuing to work for an employer constitutes assent to an arbitration agreement when that agreement is a condition of employment—even if the employee has not signed an acknowledgement form. Aldrich, et al. v. University of Phoenix, Inc., No. 16-5276 (6th Cir. October 24, 2016).
Jackson Lewis P.C. • October 21, 2016
Local governments in Kentucky lack the authority to establish their own minimum wage rates, the Kentucky Supreme Court has ruled 6-1. Kentucky Restaurant Ass’n, et al. v. Louisville/Jefferson Cty. Metro Gov’t, 2015-SC-000371-TG (Oct. 20, 2016).
Fisher Phillips • July 18, 2016
The Kentucky Labor Cabinet’s Department of Workplace Standards, Division of Occupational Safety and Health Compliance has published its intent to adopt certain Federal OSHA Recordkeeping regulations, including the new electronic reporting and anti-retaliation provisions published in the May 12, 2016 Federal Register (view proposed regulations). States that have their own OSHA plan, such as Kentucky, are required to have OSHA programs that are at least as effective as Federal OSHA, and are consequently required to adopt and implement new federal standards, or a more stringent standard, within six (6) months of the adoption or amendment by Federal OSHA. This new rule in Kentucky is set to take effect on January 1, 2017.
Franczek Radelet P.C • February 26, 2016
A federal district court has ruled that the National Labor Relations Act (NLRA) preempts a county government from enacting a right-to-work ordinance applicable only to that county. The decision from the U.S. District Court for the Western District of Kentucky invalidates a local ordinance passed by Hardin County that permitted non-union employees to cease paying dues to labor unions under contractual union security agreements.
Fisher Phillips • March 20, 2015
The Kentucky Wages and Hours Act provides the mechanism for pursuing redress for minimum-wage or overtime violations under that law. KRS 337.385 provides, in pertinent part, that "[s]uch action may be maintained in any court of competent jurisdiction by any one (1) or more employees for and in behalf of himself, herself, or themselves."
Fisher Phillips • June 30, 2009
Effective July 1, 2009 the minimum wage in Kentucky will increase from $6.55 per hour to $7.25 per hour. Although the federal minimum wage increase of this same amount does not become effective until July 24, 2009, the Kentucky General Assembly voted to have the wage hike take effect earlier for Kentucky employees.