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Total Articles: 20

Kentucky "Right to Work" Law Survives Legal Challenge

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.

Kentucky Supreme Court Rejects Challenge to Right to Work Law

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).

Kentucky’s Right-To-Work Law Upheld By State Supreme Court

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.

Kentucky Supreme Court Bans Mandatory Arbitration as Condition of Employment

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.

Kentucky Supreme Court Rejects Conditioning Employment on Agreement to Arbitrate

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.

Kentucky Supreme Court Holds Employers May Not Require Arbitration Agreements as a Condition of Employment

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.

Kentucky Becomes First State To Prohibit Mandatory Arbitration As A Condition of Employment

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?

Kentucky's Electronic Recordkeeping Rule Is In Effect!

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.

Kentucky Supreme Court Opens the Door to State Wage and Hour Class Actions

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.

The Long And Winding Road: Wage And Hour Class Actions Now Viable In Kentucky

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.).

Kentucky Passes Right-to-Work Law: FAQs on What This Means to Kentucky Employers and Their Employees

Kentucky has passed House Bill 1, the Kentucky Right to Work Act, making Kentucky the 27th state to adopt right-to-work legislation.

Kentucky Becomes the 27th Right-to-Work State and Repeals Its Prevailing Wage Law

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.

Kentucky Becomes 27th Right-to-Work State

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.

Kentucky Enacts Right-to-Work Law

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.

Sixth Circuit Holds Employees’ Continuing Work Constitutes Assent to Mandatory Arbitration Agreement

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).

Kentucky High Court Strikes Down Louisville Minimum Wage Law; Lexington Law Also Affected

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).

Kentucky Adopts Federal OSHA Recordkeeping Changes

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.

Federal Court Strikes Down Kentucky County Right to Work Ordinance

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.

Court Rejects Kentucky Wage-Hour Representative Actions

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."

Kentucky Increased Minimum Wage Set To Take Effect July 1, 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.
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