The health care power of attorney allows someone to name a person (or persons, including successors) to make medical decisions for the appointing person if they cannot make decisions on their own because of mental incapacity like unconsciousness or inability to...
Lockaby PLLC Law Blog
What is probate and why should my Kentucky estate try to avoid it?
A common mantra during estate planning is to avoid probate. Yet many people do not understand the probate process or why it’s smart to avoid it through proper planning. The probate process Probate is the legal process of administering an individual’s estate after he...
What do I need to know about the Kentucky Community Property Trust Act?
The Community Property Trust Act took effect in Kentucky on July 15, 2020. This new law provides married couples with the option of having some or all of their assets classified as “community property” and held in a community-property trust. For the right couple and...
Understanding the basics of noncompete agreements in Kentucky
Employment contracts, as well as severance and separation agreements, frequently contain noncompete agreements. These agreements are designed to protect the business interests of the employer and the investment they make in employees. As a “restraint on trade,”...
Limits to a Kentucky employer’s power to terminate an employee
In most Kentucky jobs, employers can let employees go for any reason – economic downturn, misbehavior, shoddy work, lateness or for no reason at all. This is normally legal and within the employer’s discretion under the at-will employment doctrine. In essence, the...
When are longevity payments excludable from the regular rate of pay?
On Jan. 15, new U.S. Department of Labor (DOL) rules became effective that update what an employer must include when it calculates an employee’s regular rate of pay as the basis for determining the proper overtime rate. We recently posted a blog explaining the new...
Preventing race-based harassment in the workplace during COVID-19
Almost all Kentucky employers are governed by state and federal laws that protect employees and job applicants from illegal discrimination – and harassment – based on protected characteristics that include race, color and national origin. The media has widely reported...