Employment Litigation
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."
Information You Need on the COVID-19 Coronavirus
Stites & Harbison has assembled a Coronavirus Response Team which consists of a cross-disciplinary task force of attorneys and critical staff members to ensure our firm remains “On the Job” for you. Updated 01/11/21
FFCRA Paid Leave is Ending but COVID-19 Continues: Considerations for Employers Handling COVID-19 Issues in 2021
The Families First Coronavirus Response Act (“FFCRA”), applicable to certain public employers and private employers with fewer than 500 employees, had two major provisions: the Emergency Paid Sick Leave Act (“EPSLA”) and the Emergency Family and Medical Leave Expansion Act (“E-FMLA”).
What Employers Need to Know About COVID-19 Vaccines
The U.S. Equal Employment Opportunity Commission (“EEOC”) recently posted an updated and expanded technical assistance publication that provides information to employers and employees about how COVID-19 vaccination interacts with various legal requirements. The publication addresses issues pertaining to medical pre-screening questions and employer accommodations for those unable to receive a vaccination.
Marjorie Farris to Be First Woman to Lead Stites & Harbison Law Firm
LOUISVILLE, Ky.—Stites & Harbison, PLLC, announced today that Kentucky native Marjorie A. Farris will become the firm’s new Chair effective January 2021. She will be the first woman to lead the firm since its founding in 1832.
Revised FFCRA Regulations from DOL Set to Become Effective Today, September 16, 2020
On September 11, 2020, the United States Department of Labor (“DOL”), citing the “pressing need for clarity,” issued revised Family First Coronavirus Response Act (“FFCRA”) regulations following the August 3, 2020 New York Federal District Court decision that struck provisions interpreting the FFCRA. The regulations will be published and take effect on today, September 16, 2020.
Institutional Racism in Legal Systems: Criminal Justice, Employment & Housing: Part 2 - Understanding the Impact of Race in Employment
Time: 12:00 p.m. - 1:30 p.m.
WEBINAR
Lexington office attorney Robin McGuffin will moderate a panel discussing the impact of race in employment on September 10, 2020.
Diversity and Inclusion Roundtable for Mid-Size Law Firms
Time: 11:00 a.m. - 12:30 p.m.
Webinar
Demetrius Holloway joins a panel of speakers to discuss what is working and not working in the area of diversity and inclusion at mid-size law firms.
Carolyn Purcell Michener Appointed to Fund for the Arts NeXtGen Board
LOUISVILLE, Ky.—Fund for the Arts recently appointed Stites & Harbison, PLLC attorney Carolyn Purcell Michener to its NeXtGen Board. She will serve a three-year term.
Retirement Plan Excessive Fee Litigation is on the Rise
Retirement plan sponsors and other fiduciaries are required by ERISA to discharge their duties with the “care, skill, prudence, and diligence” under the circumstances as would a prudent man. This means, among other things, fiduciaries should ensure that all fees paid by the plan for recordkeeping and investment management services are competitive and reasonable.
When Furloughs Become Permanent Layoffs: An Employer’s Ongoing Obligations Under the WARN Act in the Time of COVID-19
At the beginning of the COVID-19 pandemic, many employers implemented what they hoped would be temporary furloughs. However, as the pandemic has progressed, employers may now realize that the furloughs will last longer than expected or become permanent layoffs.
Calesia Henson Elected to Board of Directors of the KMAC Museum
LOUISVILLE, Ky.—Stites & Harbison, PLLC attorney Calesia Henson was recently elected to the Board of Directors of the KMAC Museum. She will serve a three-year term.
Older Workers Cannot Be Barred from Returning to Work: How to Be Mindful about Returning Older Employees to the Workplace
On June 11, 2020, the Equal Employment Opportunity Commission (EEOC) updated its guidelines to state that the Age Discrimination in Employment Act (ADEA) “would prohibit a covered employer from involuntarily excluding an individual from the workplace based on his or her [age] being 65 or older, even if the employer acted for benevolent reasons such as protecting the employee due to higher risk of severe illness from COVID-19.”
COVID-19 Human Resources Conversations: Live Q&A
This live Q&A was recorded on June 3, 2020. This discussion with John Wingo (Stites &Harbison, Nashville, TN), Rebecca Weis (Stites & Harbison, Louisville, KY), Kelly Hodges (Gresham Smith) and Dennis Georgatos (Skanska) is an HR conversation you don't want to miss.
Back on Track: Post-Pandemic Re-Opening Guidance for Kentucky Employers
Stites & Harbison employment attorneys Shannon Antle Hamilton, Demetrius Holloway, and Rebecca Weis discuss re-opening plans for Kentucky employers in this webinar presented May 21, 2020.
Chambers USA 2020 Honors 19 Stites & Harbison Attorneys
LOUISVILLE, Ky.—Chambers USA selected 19 Stites & Harbison, PLLC attorneys in Kentucky and Tennessee for inclusion in their 2020 guide.
Lauren Paxton Roberts honored as Nashville Bar Foundation Fellow
NASHVILLE, Tenn.—The Nashville Bar Foundation recently named Stites & Harbison, PLLC attorney Lauren Paxton Roberts as a Fellow.
Department of Labor to Employers: You Must Notify Your Employees of New Paid Leave Laws by April 1, 2020
The Families First Coronavirus Response Act, effective April 1, 2020, requires certain public employers and private employers with fewer than 500 employees to provide E-FMLA and Emergency Paid Sick Leave to eligible employees. Employers must notify current employees of these benefits by circulating the official Notice of Employee Rights published by the Department of Labor.
COVID-19 Ushers in Mandatory Paid Leave – What Employers Need to Know
On March 18, 2020, Congress passed the Families First Corona Virus Response Act. This broad-reaching legislation addresses several workplace issues related to the emergency circumstances brought about by COVID-19.
Sixth Circuit: No Accommodation Without Documentation
Navigating an employee’s request for an accommodation pursuant to the Americans with Disabilities Act (“ADA”) can feel like walking a tightrope—an employee’s requested accommodation may appear to exceed the limits of all reasonableness, but it can be difficult to know when an employer can finally say “no” without fear of liability. A recent decision from the Sixth Circuit provides helpful guidance on this issue.
Do You Have a Fever: Preparing for a Pandemic Without Violating the Americans with Disabilities Act
Employers are now dealing with the very real possibility of a coronavirus pandemic in the United States. When an “epidemic” becomes global, it becomes a “pandemic.” Employers need to develop plans now for effectively responding to employee concerns in the event of a pandemic.