Kentucky News & Analysis

  • Fault found with manufacturer's 'no-fault' attendance policy

    An employer's "no-fault" attendance policy may have "interfered" with Family and Medical Leave Act (FMLA) rights by treating FMLA leave differently than other types of leave.

  • Long-stalled OT rule sparks questions beyond where to set salary threshold

    It was spring 2016 when employers learned specifics about what they thought would be a final rule from the U.S. Department of Labor (DOL) determining which of their employees would be exempt from overtime pay under the Fair Labor Standards Act (FLSA). But shortly before the rule was to take effect in December 2016, employers saw it scrapped by a federal judge who maintained the DOL overstepped in making a rule that so drastically changed the salary threshold for exemption. Back to square one and with a new administration in office, the DOL came up with a more moderate change.

  • Bad facts and bad response produce bad result for employer

    An employer that failed to adequately address an employee complaint has been required to pay punitive damages.

  • Preparation, training help employers cope with unsettling ICE news

    The thought of immigration enforcement agents surrounding a workplace, seizing business records, questioning employees, and even making arrests is worrisome to say the least. But it has been and likely will continue to be a reality for many employers since audits and raids by U.S. Immigration and Customs Enforcement (ICE) are on the upswing. Plus, the Social Security Administration has once again begun sending "no-match letters" to employers that have W-2 forms with mismatched names and Social Security numbers. Now referred to as educational correspondence (EDCOR) or an employer correction request (ECR), the letters require employers to take action to resolve the problem. So the signals are clear: Employers with undocumented workers are on notice that they face serious consequences.

  • Violation of company policy trumps sketchy discrimination claims

    An employee's admitted violation of company policy justified his termination and could not be overcome by his vague discrimination claims.

  • 6th Circuit revives employee's hostile work environment claim against judge

    An employee's hostile work environment claim survived her employer's request to dismiss it because of her specific allegations and independent support.

  • Migraines, confusing doctor's notes give employer major headache

    A law enforcement officer who suffers from migraines sued her employer for failing to accommodate her request for time off, and a court has decided she can proceed to trial with her claim. A jury will now determine whether the employer made a "good-faith" effort to engage in the interactive process required by both federal and Kentucky disability law when it decided to terminate her after receiving conflicting and confusing information from her doctor.

  • Employee who lied about reason for absence gets trial on FMLA interference claim

    An employee was terminated after her seventh unexcused absence under her employer's attendance policy. The seventh absence was considered "unexcused" for two reasons: The employee had exceeded the frequency of the intermittent absences authorized in her Family and Medical Leave Act (FMLA) medical certifications, and she said she needed time off to take her son to the doctor, but she didn't actually take him to the doctor's office that day. The court refused to dismiss the employee's FMLA interference claim, however, citing the employer's failure to request recertification of the frequency/duration of her intermittent absences and her good-faith intention to take her son to the doctor despite not being able to make an appointment for him.

  • Longtime nurse terminated for positive drug test, not age

    A court dismissed an employee's age discrimination claim because the evidence clearly showed she was terminated for testing positive for hydrocodone.

  • HSA-eligible health plans can provide more preventive services, with IRS's blessing

    The IRS recently issued guidance expanding the definition of "preventive care" that may be covered—possibly free of charge—by a high-deductible health plan (HDHP) that's paired with a health savings account (HSA). While the changes made by the guidance are relatively simple, they have the potential to make HSAs substantially more attractive, particularly to employees who have a chronic condition that is controlled by medication or therapy. Before diving too far into the details, however, it's important to have a solid understanding of HSAs and how they work.