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Keating Muething & Klekamp PLL Home Page Main Menu Main Content Search KMK Law Management Rights Blog Kentucky Passes Pregnant Workers Act, Requiring Reasonable Accomodations for Pregnant Employees By Caroline K. Musekamp on 04.24.2019 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. Read More › Tags: Accommodation , Employment Law , Labor & Employment Law , Reasonable Accommodation , Workplace Accommodations Share + Trump Administration Announces Proposed Revisions to Overtime Regulations By Kasey L. Bond , Gregory J. Robinson on 03.13.2019 On March 7 th , the Department of Labor revealed its proposal to revise the overtime requirements for workers across the country. The salary threshold at which employees can be eligible for overtime pay was last increased in 2004 during the George W. Bush Administration and set at the current level of $24,000 per year. In May of 2016, the Department of Labor under the Barack Obama Administration issued its own revisions to the overtime requirement, raising the salary threshold to $47,476 per year. These revisions were set to go into effect December 1, 2016, but Court challenges ... Read More › Share + Kentucky Highest Court Strikes Down Enforceability of Pre-Employment Arbitration Agreements By Gregory J. Robinson on 10.04.2018 A common provision in employment agreements may no longer be enforceable, at least for employers in Kentucky. Read More › Tags: Arbitration , Employer Handbook , Employer Policies , Employment Law , Employment Litigation , Employment Settlement Agreements , Federal Arbitration Act , Labor & Employment Law Share + SCOTUS Upholds Mandatory Individualized Proceedings in Arbitration Agreements By Gregory J. Robinson on 05.21.2018 Earlier today the Supreme Court announced its decision in Epic Systems Corp. v. Lewis , holding in a 5-4 split that arbitration agreements providing for individualized proceedings must be enforced. Arbitration provisions in employment contracts are quite common and often include language specifically limiting employees to individualized arbitration proceedings as opposed to class action proceedings or joint-arbitration. Read More › Tags: Arbitration , Federal Arbitration Act , National Labor Relations Act , National Labor Relations Board Share + Supreme Court Finds Auto Service Advisors Exempt from Overtime Pay By Kasey L. Bond on 04.12.2018 Auto service advisors are overtime-exempt under the Fair Labor Standards Act. The Supreme Court’s 5-4 decision in Encino Motorcars, LLC v. Navarro clarified the scope of a 2011 regulation issued by the Department of Labor that excluded service advisors from the definition of “salesman” under 29 U.S.C. §213(b)(10)(A). Read More › Tags: Overtime Pay Share + NLRB Taking Steps to Review Quickie Election Rule By Gregory J. Robinson on 01.29.2018 What a difference a presidency makes. Under President Trump, the National Labor Relations Board is continuing to take steps to distance itself from some of the more controversial decisions it issued during the administration of President Barack Obama. This latest action came on January 26, 2018, when the Board announced it was extending the deadline for filing responses to the Board's Request for Information , regarding the Board’s Representation Election Regulations. Read More › Tags: NLRB , Representative Election Regulations Share + NLRB Issues Two Important Decisions for Employers 12.20.2017 NLRB axes Lutheran Heritage Standard In a 3-2 decision, the NLRB overruled its prior decision regarding how it analyzes whether a facially neutral workplace rule, policy or employee handbook provision interferes with the exercise of rights protected by the National Labor Relations Act (“NLRA”). Read More › Tags: National Labor Relations Act , National Labor Relations Board , NLRA , NLRB Share + Legal Concerns Regarding Mandatory Flu Vaccination Programs 11.20.2017 Recently, many health care employers and other large corporations have implemented programs requiring their employees to get a flu vaccination. Some legal experts have suggested that these mandates may be problematic for employers. Specifically, employers may face religious based objections under Title VII of the Civil Rights Act of 1964, or disability based objections under the Americans with Disabilities Act. According to the U.S. Equal Employment Opportunity Commission, it has filed lawsuits in recent years against employers under Title VII where employees were fired for objecting to a vaccination for sincere religious beliefs. The EEOC has also stated that a company would likely violate the ADA, if it were to take adverse action against an employee who refused to get a flu vaccination for a disability related reason, such as an allergic reaction to the vaccine. Read More › Tags: Americans with Disabilities Act , EEOC , Labor & Employment Law , Title VII Share + Does Mandatory Individual Arbitration Violate the NLRA: Supreme Court Hears Argument By Gregory J. Robinson on 10.11.2017 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). Read More › Tags: Arbitration , Employment Law , Federal Arbitration Act , Labor & Employment Law , National Labor Relations Board Share + DOJ Reverses Title VII Interpretation Regarding Transgender Workers By Gregory J. Robinson on 10.11.2017 In a memo issued last Wednesday, October 4, 2017, Attorney General Jeff Sessions announced that the Department of Justice will no longer take the position that Title VII of the Civil Rights Act of 1964 encompasses discrimination based on gender identity per se , including transgender status. This reverses the position of the DOJ that was announced by then-Attorney General Eric Holder in 2014 under the Obama Administration. Read More › Tags: Department of Justice , Title VII , Transgender Issues Share + Older Posts Get Updates By Email Follow Us: RSS Feed Follow us on Facebook Follow us on Twitter Follow us on LinkedIn Topics/Tags Select Labor & Employment Law Employment Law Arbitration Accommodation Employer Policies Reasonable Accommodation Labor Law Americans with Disabilities Act Employer Handbook Employment Litigation National Labor Relations Act National Labor Relations Board Social Media Litigation Workplace Accommodations EEOC Federal Arbitration Act NLRB Wage & Hour Title VII Employment Settlement Agreements Sexual Harassment ADAAA Transgender Issues Employer Rules Unions Sexual Orientation Discrimination Discrimination Technology Privacy FMLA Disability Workplace Violence Sixth Circuit Fair Labor Standards Act Disability Discrimination Equal Employment Opportunity Commission Overtime Pay Department of Labor OSHA Representative Election Regulations NLRA Department of Justice Religion Discrimination Gender Identity Discrimination Posting Requirements Class Action Litigation Disability Law E-Discovery Evidence Facebook Benefits Family and Medical Leave Act Environmental Law Privacy Laws Older Workers' Benefit Protection Act (OWBPA) Telecommuting Electronically Stored Information Healthcare Reform Affirmative Action Equal Opportunity Clause Compensable Time Security Screening Supreme Co...
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