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."
Demetrius Holloway elected to American Diabetes Association's Board
LOUISVILLE, Ky.—The American Diabetes Association (ADA) of Kentucky has elected Stites & Harbison, PLLC attorney Demetrius Holloway to its Community Leadership Board.
Lawyer Up! Kentucky Imposes New Requirement for Legal Representation at Unemployment Hearings
In 1984, the Kentucky Legislature enacted KRS 341.407(3), permitting employers, including corporations and partnerships, to represent themselves or be represented by counsel in administrative unemployment proceedings. Thirty-five years later, on April 26, 2019, the Kentucky Court of Appeals declared that law unconstitutional and effectively held that a lawyer must represent corporations and non-natural entities in administrative unemployment proceedings.
Employee Race, Ethnicity, and Gender Data Due to EEOC by May 31, 2019; Employee Pay Data Due by September 30, 2019
Employers with 100 or more employees, and federal contractors who have 50 or more workers and contracts worth $50,000 or more, have until May 31, 2019 to provide the Equal Employment Opportunity Commission (“EEOC”) data regarding the number of employees they have by job category, race, ethnicity, and gender for the 2018 calendar year (“Component 1 data”).
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.
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.
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.
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.
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.
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.
Ten Stites & Harbison Attorneys Honored by 2018 Mid-South Super Lawyers
Benchmark Litigation 2019 Honors 15 Stites & Harbison Attorneys
Women Leaders in Insurance 2018 Conference
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.
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”).
Judge Rejects NLRB – McDonald's Settlement in 'Joint-Employer' Case
Quick-Service Restaurant Chains Agree to End 'No-Poach' Restrictions