Labor & Employment Developments Blog

Attorney Mark Chumley provides practical insights into the challenges facing businesses today. Employment at-will is the default rule in almost every state. Where did it come from, what does it mean and what does it do for employers today?

Attorney Mark Chumley provides practical insights into the challenges facing businesses today. You've probably heard about COVID-19 immunity laws being passed but how much protection do they really provide for employers?  Also, did you ever wonder where the phrase "You're fired" came from?

Attorney Mark Chumley provides practical insights into the challenges facing businesses today. If you are planning a reduction in force (RIF) in the current business and legal environment, there are several factors to be considered.

On April 9, 2019, Kentucky Governor Matt Bevin (R) signed the Pregnant Workers Act, SB 18, which requires employers who have at least 15 employees in Kentucky to provide reasonable accommodations to employees for pregnancy, childbirth, and related medical conditions. The law becomes effective on June 27, 2019.

A common provision in employment agreements may no longer be enforceable, at least for employers in Kentucky.

The new term of the Supreme Court began last Monday, October 2, and the first case up has the potential to affect millions of employers and employees across the country. The case, Epic Systems Corp v. Lewis (which was consolidated with two other cases, Ernst & Young LLP v. Morris and National Labor Relations Board v. Murphy Oil USA) examines whether employment agreements requiring employers and employees to resolve employment-related disputes through individual arbitration and waive class and collective proceedings are enforceable under the Federal Arbitration Act (FAA), notwithstanding the provisions of the National Labor Relations Act (NLRA).

On Tuesday, the Seventh Circuit sitting en banc announced its decision in Hively v. Ivy Tech Community College of Indiana, creating a circuit split and setting the stage for a potential Supreme Court battle over the scope of Title VII.

As anticipated, the Department of Labor’s (DOL) final overtime rules were issued on May 18, 2016. Effective December 1, 2016, these new regulations will impact all companies with salaried employees earning less than $47,476 annually. KMK will be offering training sessions to assist our clients in developing effective strategies to implement the new overtime rules. 

One of the most common requests that I receive as an employment attorney is to review severance offers.  I’ve had these kinds of requests from friends, relatives, acquaintances and (on rare occasions) clients and I seldom turn them down. I have probably handled hundreds of reductions in force for various corporate clients so I like to see how others handle them.  In the past month, I have reviewed two severances packages and both failed to follow the requirements of the Older Workers’ Benefit Protection Act (“OWBPA”).  I was not at all surprised.  If I had to guess, I would say that over 50% of the severance offers I’ve reviewed over the years are not in compliance with the OWBPA.     

On December 24, 2015, the NLRB ruled that an employer’s policy prohibiting employees from recording images or verbal exchanges in the workplace was unlawful.