In employment discrimination cases, employees must prove that they suffered an “adverse employment action.” For years, the court’s did not consider an employer’s transfer of an employee—to another position, to another shift—an “adverse employment action.” However, the...
Lockaby PLLC Law Blog
Is it time to face economic reality? Kentucky Supreme Court Adopts Economic Realities Test for Classifying Employees in Workers’ Compensation Cases
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...
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...
Three ways to transfer property with estate planning
Those who own one or more properties are wise to consider how to protect these assets. Proper financial planning requires the owner to look at more than just the immediate. There are many strategies and legal tools that can help you to plan to preserve your wealth...
Are trusts the key to generational wealth?
Those who are savvy with their investments and building wealth likely know about trusts. These legal tools can serve as part of an estate plan to help meet any number of goals. Depending on how the estate owner drafts the trust it can be tailored to protect against...
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...
A primer on the Kentucky Living Will Directive Act, part 2
Previously, we began our overview of the Kentucky Living Will Directive Act, the primary law in the Commonwealth governing living wills, a type of advance directive. As we explained, a comprehensive estate plan includes not only careful planning for the disposition of...