Employment Termination and Employer Risk Management

Human Resource Risk Management begins with the establishment of compliant policies and the consistent documentation and enforcement of those policies. Termination of employment presents potential risks that can understood evaluated and managed. Most employees in Kentucky are employees at will but employment contracts, if any, may alter or expand the at -will nature of employment … Continue reading “Employment Termination and Employer Risk Management”


Unemployment claims represent the most frequent employer experience with employment law. Claims made by eligible employees are decided by the Office of Employment and Training by Hearing officers conducting hearings by phone. Employers may file a “Notice of Contest” to any claim and the Claimant may be disqualified by virtue of Misconduct or excessive absenteeism. … Continue reading “Unemployment”

Workplace Violence Prevention Policies and Planning

Employers in Kentucky need policies and plans for addressing the potential for workplace violence. Threats and violence may come from employees, contractors or third parties and employer may be liable to employees (and contractors) for workers’ compensation claims and penalties as well as to third parties to whom they may owe a duty or contractual … Continue reading “Workplace Violence Prevention Policies and Planning”

Non-Compete Agreements

Non-Competes are generally enforceable in Kentucky as long as the contract has sufficient “consideration”. Generally conditioning on the job on execution of the non-compete would be enough consideration but where a non-compete is required after employment has begun without additional consideration like a raise or bonus. If consideration is sufficient, and the non-compete is reasonable in temporal and … Continue reading “Non-Compete Agreements”

Using Social Media to Defend Claims

Many claims are successfully defended using social media postings, text messaging and phone records which may contradict evidence presented at trial. Employers typically gather up such information as soon it has been notified of a claim. Most employer have social media policies which prohibit unauthorized postings but employer postings may also be relevant to a jury.     … Continue reading “Using Social Media to Defend Claims”

Recent Kentucky Verdicts

Barber v UPS: 5.3 million was issued 5 million of which was in non economic damage like embarrassment and humiliation. Eight Affrican American UPS workers alleged. Isaacs v Novelis: 130K back pay 300K non economic ,Plaintiff sustained an injury while allegedly performing and unsafe act, she was fired upon release to return to work and she sued … Continue reading “Recent Kentucky Verdicts”

Independent Contractors

The US Department of Labor has recently recently refocused its definition of independent contractor status in the context of wage and hour and overtime exemption status. The “economic reality” of the alleged employment status will be primary standard for evaluation misclassification which looks to the degree of economic dependence between the parties instead of more mechanical tests like … Continue reading “Independent Contractors”

Contingent Workers/Joint Employment

Employers who contract with temporary and employee leasing companies may need to review contracts which may address exposure to employee claims alleging joint employment. These contracts typically specify who is considered to be the “employer” but this designation may not trump the legal standard for joint employment. Courts and administrative agencies are increasingly applying an “economic realities” test which … Continue reading “Contingent Workers/Joint Employment”

Social Media/Social Networking/Handbook and Workplace Policies

The use by employees of social media regarding work issues carries significant risks. To mitigate these risks, employers should consider at least some of the following policies: Limiting blogging by employees during work time Prohibiting the disclosure of confidential information to third parties Prohibiting blogging or use of social media concerning the employer altogether Advising … Continue reading “Social Media/Social Networking/Handbook and Workplace Policies”

Overtime for IT Workers

Computer Professional may be exempt from the payment of overtime under certain circumstances including the following: The employee must be paid at a rate not less than $455 per week or $27.63 per hour The employee must be employed as a computer systems analyst, computer programmer, software engineer or other similarly skilled worker in the … Continue reading “Overtime for IT Workers”