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...
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Employment Law
NLRB Issues New Rule Expanding Definition of Joint Employment
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...
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...
