On October 26, 2023, the National Labor Relations Board (“the Board”) issued a final rule setting forth the standard by which the Board will determine if two or more employers are considered joint employers under the National Labor Relations Act (“NLRA”). Set to take...
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Employment Law
What does the Pregnant Workers Fairness Act mean for employers?
The Pregnant Workers Fairness Act (PWFA) was recently signed into law by President Biden. The PWFA’s purpose is, essentially, to ensure that pregnant women receive reasonable workplace accommodations when their ability to perform some job functions is limited by...
Employers: Get legal advice and be smart about retaliation issues, part 2
In part 1 of this post, we provided an overview of prohibited employer retaliation against employees for their engagement in certain activities protected by state and federal employment laws. Illegal retaliation or reprisals occur when an employer takes materially...
Kentucky employers: Avoiding retaliation claims, part 1
A variety of state and federal laws protect employees from retaliation by their employers for speaking up about certain workplace issues or for exercising certain legal rights related to their employment. For instance, state and federal laws prohibit an employer from...
Emergency Preparedness: A Quick OSHA Primer for Employers
By their very nature, emergencies are unpredictable and can cause chaos and countless numbers of hazards. The recent tornados that swept through Kentucky—devastating communities, homes, and businesses—were evidence of how suddenly an emergency can present itself. They...
Kentucky Supreme Court Allows Non-Attorney Employees to Appear on Behalf of Employers in UI Proceedings
It has long been a standard practice for most Kentucky employers to have a non-attorney employee, such as a supervisor or HR representative, appear on behalf of the company at unemployment insurance (UI) benefits hearings. It came as quite a shock to the business...
Retaliation most common charge filed with EEOC in 2019
The U.S. Equal Employment Opportunity Commission (EEOC) has released statistics about charges of employment discrimination, harassment, and retaliation filed with the agency in 2019. Retaliation was the most common charge, both nationally and here in Kentucky. The...
