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."
EEOC Issues Final Rule Implementing the Pregnant Workers Fairness Act
The Pregnant Workers Fairness Act (PWFA) was enacted last year with the purpose of protecting pregnant workers from discrimination and providing them with a right to reasonable accommodations in the workplace. On April 15, 2024, the Equal Employment Opportunity Commission (EEOC) published its Final Rule setting forth expansive regulations implementing the law. The Final Rule becomes effective June 18, 2024. Robin McGuffin and Harlee Havens take a look at what this means in this Stites & Harbison Client Alert.
Edward and Charles Stopher Join Stites & Harbison’s Louisville Office
Stites & Harbison, PLLC is pleased to announce that attorneys Edward H. Stopher and Charles H. Stopher of Boehl Stopher & Graves, LLP have joined the firm’s Louisville, Ky., office. They are members of the Torts & Insurance Practice Service Group and secondary members of the Business Litigation Service Group.
Key Employee Compensation Alternatives
Many companies struggle with how to best compensate and incentivize their key employees. Salary and short-term bonuses alone may not be sufficient. Many key employees seek to be rewarded for their long-term efforts and to share in any increase in value of the company. Andy Jacobs takes a look at the most common means adopted by companies in this Stites & Harbison Client Alert.
Sixth Circuit Identifies “Dilemma,” but Not Solution for Calculating Workers’ Vehicle Expenses Under the Fair Labor Standards Act
In an opinion that raises as many questions as it answers, the Sixth Circuit foreclosed two methods of calculating how delivery drivers paid the minimum wage should be reimbursed for the costs associated with using their vehicles for work under the Fair Labor Standards Act (“FLSA”). Rejecting both the drivers’ assertion that they should be reimbursed using the mileage rate published by the IRS, and the employers’ argument that drivers should receive a “reasonable approximation” of their costs, the Sixth Circuit held in two consolidated appeals in Parker v. Battle Creek Pizza, Inc., Nos. 22-2119, 22-3561, 2024 WL 1068871 (6th Cir. Mar. 12, 2024), that drivers’ actual costs must be reimbursed to avoid a minimum wage violation and remanded both cases to their respective district courts with little guidance as to how to calculate those costs. Robin McGuffin and Harlee Havens take a close look at the ruling in this Stites & Harbison Client Alert.
Sixth Circuit Applies Updated Arbitration Waiver Standard
In a published opinion issued on March 27, 2024, the Sixth Circuit applied for the first time the waiver standard announced in the Supreme Court’s 2022 opinion, Morgan v. Sundance, Inc., 596 U.S. 411 (2022), in affirming the denial of a motion to compel arbitration due to the defendant’s extensive participation in the litigation.
Benchmark Litigation Selects Stites & Harbison as 2024 Litigation Firm of the Year for Kentucky
LOUISVILLE, Ky.—Benchmark Litigation recently named Stites & Harbison, PLLC as Litigation Firm of the Year for Kentucky at its 2024 Benchmark US Awards Gala. This is the fourth time Stites & Harbison has received the honor.
Retirement Plans: How to Guard Against Fiduciary Liability
In recent years, we have seen more and more ERISA class action claims against retirement plan sponsors and committees for breach of fiduciary duty. In the past, such claims were generally only made against very large plans but we are starting to see claims against smaller plans. The primary allegation is often that the fiduciaries failed to seek the lowest fees available or put another way the fiduciaries were “asleep at the wheel.” By one report, 463 lawsuits have been filed over the last eight years claiming fiduciaries failed to obtain the lowest available fees. Lexington office attorney Andy Jacobs takes a look at the issues in this Stites & Harbison Client Alert.
Thad Barnes and Michael Denbow Appointed to Lead Stites & Harbison’s Business Litigation Service Group
LOUISVILLE, Ky.—Stites & Harbison, PLLC is pleased to announce that attorneys Thad M. Barnes and Michael Denbow have been appointed to Co-Chair the firm’s Business Litigation Service Group. Each attorney will continue their diverse legal practices in business litigation.
Demetrius Holloway Earns 2023 Trailblazer Award
LOUISVILLE, Ky.—The Louisville Bar Association’s (LBA) Diversity & Inclusion Committee recently announced Stites & Harbison, PLLC attorney Demetrius O. Holloway as the recipient of the 2023 Justice William E. McAnulty Jr. Trailblazer Award.
2024 ABA Young Lawyers Division's Midyear Meeting
Omni Louisville, Louisville Marriott Downtown and Kentucky International Convention Center, Louisville, KY
Attorney Demetrius Holloway will speak on "passing the torch" of diversity to the younger generation of attorneys at this American Bar Association mid-year meeting.
Robin D. Miller Honored by Ohio Super Lawyers for 2024
MASON, Ohio—The 2024 edition of Ohio Super Lawyers recently honored Stites & Harbison, PLLC attorney Robin D. Miller on its Super Lawyers list.
Stites & Harbison Welcomes Olivia Keller to the Covington Office
COVINGTON, Ky.—Stites & Harbison, PLLC welcomes attorney Olivia C. Keller to the firm based in the Covington, Ky., office. She joins the Business Litigation Service Group.
Greg Smith and Lauren Paxton Roberts Earn 2023 Best of the Bar Honors
NASHVILLE, Tenn.—The Nashville Business Journal recently honored Stites & Harbison, PLLC attorneys Greg Smith and Lauren Paxton Roberts with the 2023 Best of the Bar awards. Smith has been honored nine times for family law. This is Roberts’ first time being honored in the litigation and dispute category.
The FTC's Proposed Ban on Non-Competes: What Every Employer Needs to Know
Time: 4:00 p.m. - 6:00 p.m.
Stites & Harbison, PLLC, 400 West Market Street, Suite 1800, Louisville, Kentucky 40202
Join Stites & Harbison and JPMorgan Chase for this CLE seminar and reception.
Beware of Part-Time Employee 401(k) Plan Eligibility in 2024
Andy Jacobs takes a look at 401(k) plan eligibility by part-time employees in this Stites & Harbison Client Alert.
Georgia Court of Appeals Holds that Non-Solicitation-of-Employees Restrictive Covenants Must Have Express Geographic Limitations
For the second time in five years a split panel of the Georgia Court of Appeals decided that a post-employment restrictive covenant without any geographic limitations is unenforceable except in limited circumstances. The bottom line for employers is that while post-employment restrictions on efforts to solicit a former employer’s customers or restrictions on using trade secrets do not require geographic limitations, all other post-employment restrictions do. Employers should err on the side of caution if they want their agreements to be enforceable or capable of being blue-penciled under Georgia law.
Michael Denbow Named Chair of Stites & Harbison’s White Collar Practice Group
LOUISVILLE, Ky. (July 19, 2023)—Stites & Harbison, PLLC is pleased to announce that attorney Michael Denbow has been named Chair of the firm’s White Collar Practice Group.
Lauren Paxton Roberts Selected for Leadership Franklin’s Class of 2023-24
FRANKLIN, Tenn.—Leadership Franklin has selected Stites & Harbison, PLLC attorney Lauren Paxton Roberts to join its 2023-24 class. Participants are chosen based on their leadership skills and community involvement.
Supreme Court: Employers Must Accommodate Employees’ Religious Practices Absent “Substantial” Increased Costs in Relation to the Conduct of the Business
Employment attorneys Robin McGuffin and Kyle Schroader take a look at the Supreme Court's decision on Title VII stating that employers must accommodate employee's religious practices.
Expansion of Retirement Plan Self-Correction Program
Attorney Andy Jacobs explains the Secure 2.0 Act of 2022 and the expanded ability of plan sponsors to self-correct retirement plan errors without IRS approval in this Stites & Harbison Client Alert.