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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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a man explaining to his female colleagues

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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GENDER STEREOTYPES AND SEXUAL ORIENTATION DISCRIMINATION

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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Update: Minimum Wage on the Rise

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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Can I Be Fired for Leaving Work to Vote?

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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Does the Kentucky Wage and Hour Act Prohibit Retaliation?

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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