Main Menu
  • Posts by Blaine Blood
    Partner

    Blaine is a partner in the firm's Louisville office and a member of the Labor and Employment Practice Group. Blaine advises clients on employment law matters arising under a broad range of state and federal laws affecting employers ...

This scenario will sound familiar. An employee was certified for 12-weeks of Family and Medical Leave Act (“FMLA”) leave to be used intermittently over the course of a year. The purpose of the leave was to allow her to recover from recurring migraine headaches (a very common reason for intermittent leave under the FMLA). She repeatedly took leave throughout the year. However ...

In the new Legal Forum Column, Blaine R. Blood discussed the new federal trade secret law. Read his advice below and don’t miss our monthly Legal Forum Column in Louisville Business First.

Question
What aspects of the new federal trade secret law are most important for employers to know?
 
Answer
The new federal Defend Trade Secrets Act (“the Act”) provides a federal forum for ...

On Wednesday, May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 (“DTSA”). The DTSA is a federal trade secret protection statute. Until now, trade secret protection has generally been a matter of state law.  Because individual state laws may differ, federal trade secret protection law will likely lead to more consistent trade secret protection across the ...

Recently, the EEOC issued a groundbreaking decision in which it concluded that sexual orientation is protected under the 1964 Civil Rights Act Title VII which prohibits employment discrimination based on the sex of the employee. The ruling, if it is upheld by the Courts, would essentially prohibit discrimination on the basis of sexual orientation in the same way that the law currently ...

Alleged involuntary wellness program, and employee’s discharge for refusing to participate in the program, give rise to lawsuit filed against a Wisconsin employer.

In this month’s Louisville Business First Legal Forum Column, BGD partner Blaine R. Blood discusses what businesses can do to lessen the risk of being involved in labor lawsuits. Read his advice below and don’t miss our monthly legal forum column in Louisville Business First! 

Topic
I’m concerned about the rising tide of labor litigation. What can I do to better manage my ...

In recent years, the Equal Employment Opportunity Commission has increased its enforcement efforts against companies that it claims have a discriminatory background check policy. In short, the EEOC believes that a blanket policy against hiring individuals with felonies will have a disparate discriminatory impact on minorities and is, therefore, illegal. As an example of such enforcement efforts, in late 2008, the EEOC filed a complaint against temporary-employment agency Peoplemark, Inc., alleging that Peoplemark had such a blanket, companywide policy.

Understandably, employers are often reluctant to make adverse job decisions concerning employees after the employee has made a complaint of sexual harassment or discrimination. A recent case in the Kentucky Court of Appeals demonstrates the importance of documentation and timing in these circumstances, and how they made the difference for the University of Louisville Athletic Association, Inc.

Court approves waiver of the statute of limitations period in an employment application
The Kentucky Civil Rights Act (KCRA) has a five-year statute of limitations. That means an employee terminated in 2011 may still be permitted to bring a KCRA claim against the employer in 2016. A recent ruling from the U.S. District Court for the Western District of Kentucky in Dunn v. Gordon Food Services, provides a way for employers to significantly shorten that time period. The court ruled that an employer may include in an employment application a provision that significantly shortens the statute of limitations period for the employee to bring a claim against his or her employer.

New federal laws and proposed regulations will dramatically increase the number of employees and potential employees who may sue employers under the Americans with Disabilities Act (ADA).  When Congress passed the ADA Amendments Act of 2008 (ADAAA) it changed certain provisions of the ADA with an eye towards a more expansive definition of what it means to be “disabled.”  The ADAAA ...

RSS RSS Feed

Subscribe

Recent Posts

Categories

Contributors

Archives

Back to Page