Employment Law

Employment Litigation

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The Employment Law Service Group practices much like a “boutique firm” within Stites & Harbison. From workforce-reduction issues to dealing with the Family Medical Leave Act and everything in between, the Employment Law Service Group at Stites & Harbison focuses on providing clients with creative, competitive, and cost-effective employment law solutions.

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The Employment Law Service Group practices much like a “boutique firm” within Stites & Harbison. From workforce-reduction issues to dealing with the Family Medical Leave Act and everything in between, the Employment Law Service Group at Stites & Harbison focuses on providing clients with creative, competitive, and cost-effective employment law solutions. Our group’s diverse and experienced attorneys know that responsiveness in helping employers avoid immediate employment law problems is critical. Clients can count on a high level of service with a seamless team approach from our offices in Kentucky, Tennessee and Georgia.

Our group is dedicated to providing employers with vigorous and zealous defense of all employee-driven lawsuits. Many of the group's attorneys have extensive first-chair trial experience before arbitrators, judges and juries in both employment matters and in business litigation, and are adept at developing and implementing first chair strategy.

The members of our group also understand when it is in the client's best interest to reach a settlement in order to prevent extensive litigation. We will not hesitate to recommend and facilitate as favorable resolution for the client as quickly as possible.

In addition to handling EEOC and state administrative charges, the group litigates complex civil suits involving a wide variety of federal and state discrimination claims, including cases alleging:

  • Sex, age, race, religion, or national origin discrimination
  • Sexual harassment
  • ADA
  • FMLA
  • Wrongful discharge
  • Wage and hour disputes

In litigation involving the breach of covenants-not-to-compete, confidentiality agreements, and nonsolicitation agreements, our seasoned litigators successfully prosecute and defend TROs and other injunctive-relief motions at both the state and federal levels.

Applying in-depth litigation knowledge to develop practical preventative-counseling solutions for clients is another strength of our group. We also provide materials to fit specific client needs for in-house training. Group members regularly draft and review employment documents including employee handbooks, employee contracts, and severance agreements.

Our attorneys are frequent speakers on a variety of employment law topics, and have authored numerous articles on employment law issues. The group also regularly sends out Client-Alerts via e-mail to ensure our clients receive up-to-date information in employment-law developments that could impact their businesses.

Several members of our group have also authored treatises on employment law and personnel practice published by the state Chamber of Commerce.

The Employment Law Service Group is always "on the job for you."

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Client Alerts

Mandatory Arbitration, Shortened Statutes of Limitations, and Background Checks for Employees? You Bet!

In October 2018, the Kentucky Supreme Court issued a far-reaching opinion voiding all Kentucky employer-employee arbitration agreements which were made a condition of an individual’s employment. On March 13, 2019, however, the Kentucky Legislature rejected that opinion, passing a bill that not only claws back the ruling but significantly expands employers’ options for imposing conditions on the employer-employee relationship.

by Rebecca A. Weis March 14, 2019
Client Alerts

DOL's New Overtime Rule Sets FLSA Exemption Threshold at $35,308 Annual Salary

On March 7, 2019, the U.S. Department of Labor unveiled its Notice of Proposed Rulemaking (“NPRM”) recommending a scaled-back compromise to a controversial 2016 Obama-era overtime rule.

by Rachel Dix Bishop, Shannon Antle Hamilton, and Rebecca A. Weis March 08, 2019
Client Alerts

The Work Opportunity Tax Credit and Second Chance Hiring

Whether it is manufacturing, healthcare, logistics, farming, or the tech industry, employers all over the country are scrambling to find and retain qualified workers. The Federal Work Opportunity Tax Credit (WOTC) program is an option to help facilitate contact between employers who are experiencing labor shortages with those individuals who struggle to find employment. The WOTC provides economic incentive to employers to hire workers from targeted groups.

by Shannon Antle Hamilton February 19, 2019
Press Releases

Stites & Harbison Promotes Five Attorneys in 2019

LOUISVILLE, Ky.—Stites & Harbison, PLLC announced today that five attorneys have been promoted within the law firm effective January 2019.

by Stites & Harbison, PLLC January 04, 2019
Press Releases

Stites & Harbison Welcomes Three Attorneys

LOUISVILLE, Ky.—Stites & Harbison, PLLC announces the addition of three attorneys to the firm. Two are based in the Louisville, Ky., office; one is based in the Lexington, Ky., office. All are admitted to practice in Kentucky.

by Stites & Harbison, PLLC December 27, 2018
Press Releases

Kentucky Super Lawyers Honors 42 Stites & Harbison Attorneys for 2019

LOUISVILLE, Ky.—The 2019 edition of Kentucky Super Lawyers recently honored 42 Stites & Harbison, PLLC attorneys in the Covington, Frankfort, Lexington and Louisville, Ky., offices. The publication named 33 attorneys to the Super Lawyers list and nine attorneys to the Rising Stars list.

by Stites & Harbison, PLLC December 07, 2018
Press Releases

Ten Stites & Harbison Attorneys Honored by 2018 Mid-South Super Lawyers

NASHVILLE, Tenn.—The 2018 edition of Mid-South Super Lawyers recently honored 10 Stites & Harbison, PLLC attorneys. Five attorneys were named to the Super Lawyers list and five were named to the Rising Stars list. Of...
by Stites & Harbison, PLLC November 27, 2018
Press Releases

Benchmark Litigation 2019 Honors 15 Stites & Harbison Attorneys

LOUISVILLE, Ky.—The 2019 edition of Benchmark Litigation names 11 Stites & Harbison, PLLC attorneys as “Litigation Stars” and four as “Future Stars” in Kentucky. The guide honors the firms and attorneys who have demonstrated the...
by Stites & Harbison, PLLC November 07, 2018
Events

Women Leaders in Insurance 2018 Conference

Date: 10/19/18

Marriott Louisville East Hotel, 1903 Embassy Square Blvd., Louisville, KY 40299

Established in 2002, Women Leaders in Insurance & Financial Services (WLI) has evolved into one of the premier opportunities for insurance and financial services women in our region and beyond — from Florida to Michigan — and we grow every year.

Shannon Antle Hamilton August 27, 2018
Client Alerts

Sixth Circuit rules "tender back" doctrine inapplicable to Title VII and the Equal Pay Act

In a divided opinion, the Sixth Circuit recently ruled that the common law “tender back” doctrine is inconsistent with the remedial purposes of Title VII and the Equal Pay Act (“EPA”).

by Shannon Antle Hamilton and Robin E. McGuffin August 21, 2018
Client Alerts

Judge Rejects NLRB – McDonald's Settlement in 'Joint-Employer' Case

The latest chapter in the ongoing joint-employer case between McDonald's USA, LLC ("McDonald's) and the National Labor Relations Board (NLRB) was written on Tuesday, as an administrative law judge ("ALJ") rejected a proposed settlement between...
by Stites & Harbison, PLLC July 20, 2018
Client Alerts

Quick-Service Restaurant Chains Agree to End 'No-Poach' Restrictions

A typical provision in franchise agreements, known as a "no-poach" or "no-switching" clause, prohibits the franchisee from hiring employees employed by other franchisees in the same system. Seven (7) large fast-food franchisors have agreed to...
by Michael C. White July 16, 2018