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What is “Prevailing Wage Law”?

Kentucky’s prevailing wage law currently requires that contractors on public works projects estimated to cost more than $250,000 pay wages equal to or greater than the wages of similar workers in the locality where the project is being built. Effectively, the law forces contractors, union and non-union alike, to pay wages at the local union scale.

After a nearly two year legal battle, on Oct. 20, 2016, Brent R. Baughman and his team from the firm’s Labor and Employment practice group obtained a 6-1 ruling from the Kentucky Supreme Court, holding Louisville Metro’s minimum wage ordinance “invalid and unenforceable.” The Court determined that despite Louisville Metro’s claim to expansive “Home Rule” powers, it ...

In the new Legal Forum Column, Brent R. Baughman discussed the new DOL overtime rules. Read his advice below and don’t miss our monthly Legal Forum Column in Louisville Business First.

Question
What do the new DOL overtime regulations mean for employers?

Answer
The U.S. Department of Labor recently published its final rule updating overtime regulations under the Fair Labor ...

Earlier today, the United States Department of Labor announced publication of its final rule updating overtime regulations under the Fair Labor Standards Act. Since 2004, the overtime regulations had granted employers an exemption from overtime for employees making $455 per week ($23,660 annually) and otherwise meeting the executive, administrative, or professional duties ...

In this month’s Louisville Business First Legal Forum Column, BGD partner Brent R. Baughman discusses what businesses should know about the Metro Council’s proposed minimum wage increase. Read his advice below, and don’t miss out monthly Legal Forum Column in your copy of Louisville Business First.

Topic
What should businesses know about the proposed Louisville minimum wage ...

We’ve all heard about the Metro Louisville Council’s proposed ordinance to raise the minimum wage to over $10 an hour. Aside from the relative merits of that proposal, can the Metro Council legally do that?

Jefferson County Attorney Mike O’Connell thinks it can, concluding that “a local government can pass an ordinance that would establish a minimum wage for employers and ...

Unemployment is an often frustrating aspect of doing business, with the cards seemingly stacked against employers who must justify their discharge decisions under what amounts to a “good cause” standard in order to avoid paying unemployment benefits. These claims – which every employer has faced, or will face – have traditionally been difficult for employers to defend, as they bear the burden of proving that an employee was discharged for misconduct connected to the work. But a recent opinion from the Kentucky Supreme Court offers a glimmer of hope to employers that common sense can prevail in the face of proven employee misconduct.

As a non-union employer, you may think that the National Labor Relations Act doesn’t apply to you. But the National Labor Relations Board thinks otherwise, finding even seemingly innocuous policies unlawful because employees might read them to restrict their exercise of protected rights, including the right to complain about working conditions and to join a union.

How often have employers advised employees that they need help dealing with emotional issues affecting work performance?  Many employers even have an Employee Assistance Program (EAP) designed to assist employees facing such issues.  Although directing employees to obtain assistance – particularly when they may pose a threat to themselves or to others – may be both humanitarian and help to head off workplace violence, a recent court decision suggests that an employer in Kentucky, Ohio, Tennessee and Michigan doing so may be subject to liability under the Americans with Disabilities Act (ADA).

In March, Democrats introduced the Employee Free Choice Act (EFCA) in both Houses of Congress.The EFCA controversial legislation, which has been the subject of countless debate, would amend the National Labor Relations Act and make it easier and quicker for workers to unionize.

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