Employment Law

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."

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Client Alerts

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.

by Rebecca A. Weis and Rachel Dix Bishop March 26, 2020
Client Alerts

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 03/30/20

by Stites & Harbison, PLLC March 26, 2020
Client Alerts

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.

by Demetrius O. Holloway and Rebecca A. Weis March 20, 2020
Client Alerts

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.

by Ashley Owens Hopkins and Robin E. McGuffin March 11, 2020
Client Alerts

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.

by Shannon Antle Hamilton, Rachel Dix Bishop, and Calesia Henson March 09, 2020
Events

2020 Issues for Corporate House Counsel CLE

Date: 4/16/20
Time: 8:00 a.m. - 5:00 p.m.

University of Louisville ShelbyHurst Campus, Founders Union Building, 450 N. Whittington Parkway, Louisville, KY 40222

Joshua Barnette, Michael Denbow, Sarah Spurlock, Demetrius Holloway and Rebecca Weis will be presenters at this CLE presented by the Kentucky Bar Association on April 16, 2020

Joshua F. Barnette, Michael Denbow, Demetrius O. Holloway, Sarah Cronan Spurlock, and Rebecca A. Weis March 06, 2020
Client Alerts

Tennessee Supreme Court Upholds $750,000 Statutory Cap on Non-Economic Damages in Civil Cases

The Tennessee Supreme Court, in an opinion published February 26, 2020, upheld Tennessee’s statutory cap on noneconomic damages in civil cases, codified at Tenn. Code Ann. § 29-39-102, which generally limits noneconomic damages, including pain and suffering, permanent injury, and loss of enjoyment of life, to $750,000.

by Lauren Paxton Roberts, J. Anne Tipps, and Rachel Dix Bishop March 04, 2020
Client Alerts

NLRB Final Rule on Joint Employer Standard

On February 26, 2020, the National Labor Relations Board (“NLRB”) issued its final rule on the standard for determining joint-employer status for businesses and employees covered by the National Labor Relations Act (“NLRA”).

by Allyson True Cook March 03, 2020
Events

LBA Young Lawyers Section's Monthly Networking & Lunch Meeting

Date: 2/27/20
Time: 12:00 p.m. - 1:00 p.m.

Louisville Bar Association Bar Center, 600 West Main Street, Suite 110, Louisville, KY 40202

Demetrius Holloway, chair of the firm's Diversity Committee, will be a speaker at this luncheon discussing the lack of diversity in law.

Demetrius O. Holloway February 21, 2020
Press Releases

Stites & Harbison welcomes S. Kelly Gilliam

LOUISVILLE, Ky. —Stites & Harbison, PLLC welcomes attorney S. Kelly Gilliam back to the firm’s Louisville, Ky., office. He will rejoin the Construction Service Group and Employment Law Service Group as Counsel.

by S. Kelly Gilliam February 18, 2020
Press Releases

Demetrius Holloway appointed to Kentucky Personnel Board

LOUISVILLE, Ky.—Governor Andy Beshear appointed Stites & Harbison, PLLC attorney Demetrius Holloway to the Kentucky Personnel Board to serve a term expiring January 1, 2024.

by Stites & Harbison, PLLC February 11, 2020
Events

Getting Talent Back to Work: Second Chance Hiring

Date: 10/17/19
Time: 11:30 a.m. - 1:30 p.m.

The Gardens of Park Hills, 1622 Dixie Highway, Park Hills, Kentucky 41011

Covington office attorney Allyson Cook will be a speaker at the October Luncheon of the Northern Kentucky Society for Human Resource Management

Allyson True Cook October 16, 2019
Client Alerts

Department of Labor Raises Annual Salary Threshold in Final Version of Overtime Exemption Rule

On Tuesday, September 24, 2019, the Department of Labor revealed the final version of its overtime exemption rule.

by Shannon Antle Hamilton September 24, 2019
Client Alerts

The Final Countdown: Ten Days Until the EEO-1 Component 2 Pay Data Deadline

This is a reminder to covered employers that the September 30, 2019, deadline for filing the EEO-1 Component 2 Data is just 10 days away.

by Shannon Antle Hamilton and Rachel Dix Bishop September 20, 2019
Client Alerts

Sixth Circuit: Perfect Attendance Policies Must Not Disadvantage Employees Who Take FMLA Leave

Many employers have policies that reward perfect attendance in some fashion. A recent ruling from the Sixth Circuit makes clear that, in many cases, such policies must not consider leave taken pursuant to the Family and Medical Leave Act (“FMLA”) as something that “resets” the employee’s attendance streak.

by Ashley Owens Hopkins and Robin E. McGuffin August 13, 2019
Press Releases

Rebecca Weis selected to Leadership Louisville Class of 2020

LOUISVILLE, Ky.—The Leadership Louisville Center has selected Stites & Harbison, PLLC attorney Rebecca Weis to participate in the Leadership Louisville Class of 2020.

by Stites & Harbison, PLLC July 31, 2019
Press Releases

Demetrius Holloway named to Lawyers of Color's 2019 Nation's Best List

LOUISVILLE, Ky.—Lawyers of Color has named Stites & Harbison, PLLC attorney Demetrius Holloway to its inaugural Nation’s Best list for 2019 in the Southern Region.

by Stites & Harbison, PLLC June 11, 2019
Press Releases

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.

by Stites & Harbsion and PLLC May 20, 2019
Client Alerts

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.

by Demetrius O. Holloway and Rebecca A. Weis May 01, 2019
Client Alerts

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”).

by Shannon Antle Hamilton and Rachel Dix Bishop May 01, 2019