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
In Kentucky and in Federal OSHA matters, employers are prohibited from retaliating against alleged “whistleblowers”. There is no private cause of action for such alleged whistleblowers, meaning they cannot sue their employers in court, either State or Federal. OSHA and its Kentucky Department of Labor counterpart
The U.S. 6th Circuit Court of Appeals (covering Kentucky) has ruled that payments made under a Severance Agreement are not taxable because they are actually supplemental unemployment compensation which is itself, not taxable.
Employers who have withheld FICA contributions would be entitled to seek a refund from the IRS and presumably employees paying taxes on Severance Payments would also be able to seek refunds.