Under Kentucky and Federal law, temporary, or “leased,” workers are entitled to the same rights and privileges as any permanent employee. Unfortunately, many employers take advantage of and discriminate against temporary workers because they believe only the temporary agency supplying the workers is liable for such actions. While it is true that temporary agencies are…
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In Kentucky, prior to the landmark case of Osborne v. Keeney, negligent infliction of emotional distress (NIED) applied only to situations in which physical contact or impact occurred and was the cause of harm. While this “impact rule” was designed to provide a well-defined line of where liability starts and ends, it led to some…
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Following our recent blog post describing the EEOC’s interpretation of Title VII in the context of sexual orientation discrimination, another Federal agency has issued a policy statement that would seem to expand upon the EEOC’s position. The Department of Justice issued a memo on December 15, 2014 stating that the DoJ now reads Title VII…
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Currently no federal law exists that would prohibit employers from discriminating against employees on the basis of their sexual orientations. However, the EEOC has recently begun pursuing cases involving such discrimination under a theory that classifies these actions as gender discrimination. This theory revolves around the idea that some instances of sexual orientation discrimination are…
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A few weeks back, we discussed the proposed changes in Federal minimum wage laws, as well as Louisville-Metro’s attempts to raise the minimum wage. This week we have more good news. On November 4, voters in a number of states approved ballot measures that would raise their respective state minimum wages. From the New York…
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Soon the polls will open for a number of local, statewide, and federal elections. While polling stations will run from 6 AM to 6 PM, there are still a number of Kentucky workers whose schedules may keep them from getting a chance to cast their ballots. Luckily, the Commonwealth of Kentucky has a number of…
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If an employer is illegally refusing to pay an employee earned wages, there are a number of avenues available for the employee to recover those wages. In Kentucky, an employee can file a complaint with the Labor Cabinet for the wages to be turned over, or alternatively, the employee can bring suit against the employer…
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Let’s say you work at a busy filling station. Hundreds of people a day stop by the station to get gas, food, beer, cigarettes, etc. In the bustle of business, one of your patrons filling up his car decides to drive off without paying, and you can’t catch him in time to prevent the theft,…
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Since 2008, the Federal minimum wage has remained at $7.25 an hour. Since that time, however, inflation has continued to rise, with a cumulative rate of 10.7%. Simply put, the current minimum wage isn’t as effective in reducing poverty and increasing the standard of living for workers as it once was. While the costs of…
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The terms “sexual harassment” and “hostile work environment” together can invoke a great deal of images and scenarios in the mind of the listener: graphic language and gestures, sexual advances, propositions, leering, touching, groping – the list can go on indefinitely. However, a work environment does not necessary need to include acts or statements that…
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