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...
Employment Law
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...
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...
Employers: Get legal advice and be smart about retaliation issues, part 2
In part 1 of this post, we provided an overview of prohibited employer retaliation against employees for their engagement in certain activities protected by state and federal employment laws. Illegal retaliation or reprisals occur when an employer takes materially...
Kentucky employers: Avoiding retaliation claims, part 1
A variety of state and federal laws protect employees from retaliation by their employers for speaking up about certain workplace issues or for exercising certain legal rights related to their employment. For instance, state and federal laws prohibit an employer from...
Emergency Preparedness: A Quick OSHA Primer for Employers
By their very nature, emergencies are unpredictable and can cause chaos and countless numbers of hazards. The recent tornados that swept through Kentucky—devastating communities, homes, and businesses—were evidence of how suddenly an emergency can present itself. They...