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, Ohio, 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."
Equity Compensation Alternatives
For both established companies and new companies, it is often essential to allow key employees to participate in the company’s future growth and profitability through equity ownership. This helps align the interests of ownership and key employees.
Cybersecurity: Department of Labor Guidance for Retirement Plan Sponsors
As sponsors of 401(k) and other retirement plans, employers typically rely on plan service providers (i.e. recordkeepers, trustees, etc.) to maintain plan accounts, keep participant accounts secure and participant data confidential. As fiduciaries, employers must act with the care and diligence under the circumstances as would a “prudent” person.
Kentucky Legislature Enacts Covid-19 Liability Protection for Businesses
As the country slowly recovers from the economic devastation caused by the COVID-19 pandemic, Kentucky’s lawmakers have stepped in to provide protections to the businesses and workers that will help get the Commonwealth back on its feet. On the last day of the most recent legislative session, Senate Bill 5 became law when the Governor declined to sign or veto it. This legislation, similar to laws in 30 other states, offers immunity from COVID-19-related negligence actions to business owners and essential service providers working to prevent the spread of the virus.
Calesia Henson Named to AMPED Board of Directors
LOUISVILLE, Ky.—The Academy of Music Production Education and Development (AMPED) has named Stites & Harbison, PLLC attorney Calesia Henson to its Board of Directors. She will serve a three-year term.
Returning to the Workplace: What Employers Need to Know About the COVID-19 Vaccine
Employment attorney Rebecca A. Weis, focused on COVID-19 vaccination policies in the workplace in this Stites & Harbison Webinar. Topics covered will included current vaccine administration priorities; what employers can or cannot mandate; employer-sponsored vaccine incentives; wage and hour issues; OSHA and workplace safety considerations; workers compensation implications; and more.
Returning to the Workplace — What Employers Need to Know about the COVID-19 Vaccine
Time: 12:30 p.m. - 1:30 p.m.
Webinar
Please join Stites & Harbison attorney, Rebecca A. Weis, for a webinar focused on COVID-19 vaccination policies in the workplace.
Will the Federal $15 Minimum Wage Become Reality? Part II
On February 15, 2021, Stites & Harbison, PLLC issued a client alert regarding the status of the proposed $15 minimum wage increase to be included in the “American Rescue Plan” for COVID-19 relief, and discussed the role the parliamentarian would likely play. Thursday evening, February 25, 2021, the Senate parliamentarian ruled that the proposal was not appropriate for inclusion in the relief package using the budgetary reconciliation process.
Can You Spare an Extra $7.75? Will the Federal $15 Minimum Wage Become a Reality?
I have more than one client who contacts me once every couple of weeks to ask, “where are we with the proposed federal $15 minimum wage?” And I think I can safely say that while in 2019, a majority of Americans surveyed were supportive of such an increase to the current $7.25 an hour, the political logistics of achieving this feat continue to be a challenge. Typically, the only thing I can tell clients is that there is a lot of discussion, but as of today it hasn’t yet happened, and it may not happen, but if it does you will be the first you know.
Stites & Harbison Welcomes Litigator Robin Miller
COVINGTON, Ky. (Feb. 9, 2021)—Stites & Harbison, PLLC welcomes attorney Robin D. Miller to its Covington, Ky., office.
Stites & Harbison Welcomes Corey Dunn
LOUISVILLE, Ky.—Stites & Harbison, PLLC welcomes attorney Corey Dunn to the firm’s Louisville, Ky., office.
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.