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Do Federal Overtime and Minimum Wage Laws Protect Me?

While states such as Kentucky have implemented their own laws to protect employees, it is always important to remember that the federal government has also passed legislation to protect certain kinds of workers. One such piece of legislation is the Fair Labor Standards Act (FLSA). This law was introduced in 1938 to mandate aspects of…

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P. Stewart Abney Named 2018 Kentucky SuperLawyers Rising Star

P. Stewart Abney, of Abney Law, has been selected to the 2018 Kentucky RisingStars list. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. P. Stewart Abney Rated by Super Lawyers loading … Super Lawyers, a Thomson Reuters…

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Kentucky Supreme Court rules that Class Action Suits are now available for claims arising under the Kentucky Wage and Hour Act

In modern times, a substantial number of people in America have been involved in class action lawsuits, whether it is because they are a party in the case or they received notification they were entitled to recovery from a class action suit, and everything in between.  Until a recent 2017 ruling, Kentucky workers could not…

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DOJ Weighs in on Title VII’s Potential LGBTQ Protections

Suppose you have been working for a company for many years. You have been an exceptional employee and have never had any problems with your employer or coworkers. However, one day your boss discovers that you are currently involved in a same-sex relationship and the next day you are fired. While many agree this is…

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portrait of P. Stewart Abney

P. Stewart Abney named 2017 Super Lawyers Rising Star

Abney Law founder, P. Stewart Abney, has been selected to the 2017 Kentucky RisingStars list. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. P. Stewart Abney Rated by Super Lawyers loading … Super Lawyers, a Thomson Reuters…

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New Labor Rules Could Bring Overtime Pay To Millions Of Salaried Employees

Let’s say you’re salaried worker, like an assistant manager at a fast-food restaurant, making a salary of $35,000 per year. Your restaurant is drastically understaffed, and even though you work up to 20 hours of overtime per week, you don’t receive any additional compensation for the extra hours. Is this OK? Somewhere between 4.5 and…

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USERRA – Protecting the Rights of our Uniformed Men and Women

Imagine coming back from a war zone, finally back on American soil and looking to get back to civilian life. You have a well-established job outside of your military occupation, so getting back to a normal work routine is something you almost look forward to after months of deployment. Only, when you notify your employer…

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Who's to Blame: The Issue of Joint Liability with Temp Workers

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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WORKPLACE BULLYING UPDATE: NIED CLAIMS MAY PROVIDE PATH TO RECOVERY

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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Update: Sex-Stereotyping and Title VII

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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