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By : Mark McAnulty

Kentucky’s Right to Work Law Upheld

[vc_row][vc_column][vc_column_text]The latest challenge to Kentucky’s right to work law has been defeated. On January 23, 2017, a Franklin Circuit Court judge dismissed a union lawsuit challenging Kentucky’s Right to Work law, which was passed into law in 2017. Under the Kentucky Right to Work la...

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U.S. Supreme Court Reinforces Right to Arbitration

Last week, the U.S. Supreme Court reaffirmed the legality of the Federal Arbitration Act (“FAA”) and employer arbitration agreements in Kindred Nursing Centers, Inc. v. Clark.  This ruling from the nation’s highest court is undoubtedly a positive one for employers who wish to arbitrate disp...

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Kentucky Passes Right-to-Work Law

In the wake of the 2016 election, Republicans took control of both the Senate and the House of Representatives in Kentucky for the first time in almost a century, and they did not waste any time following through on their promise to enact right-to-work legislation. In a special Saturday session o...

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Illinois Enacts Child Bereavement Leave Act

On July 29, 2016, Governor Rauner of Illinois signed into law the Child Bereavement Leave Act (the “Act”). The Act took effect immediately upon being signed by the Governor.

What the Act Provides

Under the Act, eligible employees are entitled to use a maximum of two weeks (10 work days) o...

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Are You Allowing Your Independent Contractors to “Suffer?”

On July 15, 2015, the U.S. Department of Labor (“DOL”) announced that it had entered into a Memorandum of Understanding (“MOU”) with the Kentucky Labor Cabinet.  Under the MOU, the agencies may share information and coordinate enforcement of federal and state laws and regulations regarding classific...

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Department of Labor Issues Final Rule Redefining “Spouse” to Include Same-Sex Partner

Effective March 27, 2015, employers must administer the Family and Medical Leave Act (“FMLA”) to give spouses in same-sex marriages the same ability as all spouses to fully exercise their rights under the FMLA.  This, pursuant to a Final Rule of the Department of Labor (“DOL"), amends the definition...

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According to the EEOC, Retaliation Claims Rose to Highest Level Ever in 2014

On February 4, 2015, the Equal Employment Opportunity Commission (“EEOC”) released litigation data for its fiscal year 2014, which ran from October 1, 2013, to September 30, 2014.  The EEOC enforces Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Equal P...

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Employers: Brace Yourselves for Drastic Changes To Union Elections

Last December, the National Labor Relations Board ("the Board" or "NLRB") issued a controversial new rule changing drastically how union elections will be conducted. The rule dramatically shortens the time between the filing of a certification petition and the secret ballot election.  Although the ...

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The News From Kalamazoo: It Pays To Review Your FMLA Policy

Don’t think you need to periodically review your FMLA policies?  Think it’s just too expensive and time-consuming to properly train those who administer the FMLA at your company?  If you do, you may want to consider the case of Terry Tilley v. Kalamazoo County Road Commission. Terry had wo...

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New Illinois Law Requires Employers to Provide Retirement Accounts

Supporters argue low wage workers and minorities will benefit.  Opponents believe the law adds more unnecessary bureaucracy for employers.  Regardless of which position you agree with, on January 4, 2015, Illinois became the first state in the nation to require employers to automatically enroll work...

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