A three-judge panel of the U.S. Court of Appeals issued a ruling for President Trump, temporarily halting a recent district court decision that deemed his removal of National Labor Relations Board (NLRB) Member Gwynne Wilcox unlawful. As a result, it appears the Board...
Employment Law
Kentucky House Bill 398: Potential Changes to Workplace Safety Protections
On February 20, Kentucky’s House Bill 398 was introduced, which, if passed, it could impact the state’s workplace safety protections. Kentucky currently manages its own workplace safety programs under the federal Occupational Safety and Health Act (OSHA), ensuring...
Navigating the Changes: Executive Orders Affecting Federal Workforce and Business Compliance
An executive order is a signed, written, and published directive from the President of the United States. Executive orders are not legislation; they do not require approval from Congress, and there is no simple way for Congress to overturn them. Since his first week...
Possible Regulation Shifts in 2025
As President-elect Donald Trump assembles his cabinet for the upcoming term, several key appointments are poised to significantly influence labor and employment policies. Nominations for President-elect Donald Trump’s cabinet suggest a forthcoming emphasis on...
Supreme Court Round Up 2023-2024
The United States Supreme Court’s 2023-2024 term proved to be monumental. The Court issued several decisions that will have long and lasting impact on the practice of employment law and on the power of federal administrative agencies. In today’s blog post we will take...
Can a Job Transfer be a Discriminatory Action? Supreme Court Considers new Title VII Case
In employment discrimination cases, employees must prove that they suffered an “adverse employment action.” For years, the court’s did not consider an employer’s transfer of an employee—to another position, to another shift—an “adverse employment action.” However, the...
Is it time to face economic reality? Kentucky Supreme Court Adopts Economic Realities Test for Classifying Employees in Workers’ Compensation Cases
The Supreme Court of Kentucky recently amended its test for determining whether an individual is an employee or independent contractor under the Kentucky Workers’ Compensation Act. In Oufafa v. Taxi, LLC, a taxi driver was shot by a passenger and suffered permanent...