Kentucky News & Analysis

  • Nonattorneys may not 'represent' at KY unemployment hearings

    The Kentucky Court of Appeals has ruled a state statute allowing corporate employers to represent themselves at unemployment hearings is unconstitutional. Only licensed attorneys may question witnesses and/or make closing arguments on a corporate employer's behalf at such hearings.

  • September 30 deadline looms for newly required EEO-1 data

    Employers required to submit EEO-1 reports to the Equal Employment Opportunity Commission (EEOC) are venturing into uncharted territory as they work to collect newly required information due by September 30. While they may be accustomed to submitting traditional EEO-1 information—data on employees' race/ethnicity and gender, or what's being called Component 1 data—this year they also must compile data on compensation and hours worked, or what's being called Component 2 data.

  • New KY law jeopardizes agreements shortening statute of limitations

    Kentucky's newly enacted employment arbitration statute contains a provision limiting an employer's ability to shorten the period of time (i.e., the statute of limitations) employees have for filing legal claims against them. You are now prohibited from reducing the statute of limitations by more than 50 percent "as a condition of employment."

  • Employer may be liable for harassment committed by 'dependent contractor'

    An employee's sexual harassment claim based on an independent contractor's conduct was allowed to proceed to trial because of evidence regarding the contractor's level of influence over personnel decisions. Her retaliation claim also was allowed to proceed to trial because of the temporal proximity between her complaint and her termination.

  • Pro se plaintiff's outlandish allegations ultimately doomed by his repeated delays

    A federal court in the Western District of Kentucky dismissed an employee's 10 legal claims, noting that his pro se status (he was representing himself in court rather than being represented by an attorney), on its own, did not excuse his dilatory conduct.

  • Good news: Kentucky lawmakers 'revalidate' arbitration agreements

    Less than six months after the Kentucky Supreme Court invalidated employer arbitration agreements, Kentucky's General Assembly has stepped in to revalidate them.

  • Bad news: KY enacts ambiguous pregnancy accommodations other states rejected

    Kentucky has significantly modified employers' obligation to provide accommodations for pregnant employees. The new law will likely spur substantial litigation.

  • DOL says FMLA leave mandatory for employees and employers

    After more than 25 years, you might think questions regarding proper interpretation of the Family and Medical Leave Act (FMLA) would be settled. It's a highly regulated law, and it provides employers far more detail and clarity than they get with most other labor and employment laws.

  • Guaranteed wage arrangement violates FLSA, but 6th Circuit denies liquidated damages

    An employer that paid a "guaranteed rate" that purported to include overtime pay violated the Fair Labor Standards Act (FLSA) when it failed to adjust employees' pay based on the actual overtime hours they worked.

  • Posttraumatic stress . . . disability? ADA claim rejected, FMLA claim proceeds

    The 6th Circuit rejected an employee's disability discrimination claim because she failed to show she was substantially limited from working a class of jobs or a broad range of jobs. However, her retaliation claim under the Family and Medical Leave Act (FMLA) was reinstated because the employer couldn't show it had a legitimate nondiscriminatory reason for giving her a negative midyear review and placing her on a performance improvement plan (PIP).