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How to Avoid Legal Pitfalls in Hiring and Firing in Kentucky

Hiring and firing decisions are becoming increasingly important to, and complicated for, employers.

These actions generally involve some risk of litigation, even under the best of circumstances. All supervisors, not just high-ranking managers, must be trained to implement basic safeguards to minimize potential liability.

Numerous federal and state statutes and regulations affect the employment relationship in Kentucky. The points mentioned below are just a few of the important considerations affecting employment decisions for Kentucky companies.

  • Are you ADA compliant? Look again. 2009 brings a new set of rules.
    Amendments to The Americans With Disabilities Amendment Act of 2008 (ADAAA) become effective on January 1, 2009. The ADAAA substantially amends the ADA and nullifies several U.S. Supreme Court decisions that have limited the ADA's adverse impact on employers.
  • Definition of discrimination expanded with passage of new legislation
    The passage of the Genetic Information Non-Discrimination Act (GINA) prohibits discrimination against individuals based on their genetic information in both employment and health care. GINA also provides guidelines for employers for keeping records containing an employee's genetic information.
  • New federal law allows more uses for Family and Medical Leave Act
    The National Defense Authorization Act (NDAA) amended the Family and Medical Leave Act (FMLA) this year. The NDAA allows the use of FMLA leave for employees who are the spouse, son, daughter, parent or next of kin of a member of the Armed Forces in order to care for the member who is undergoing medical treatment for a serious injury or illness or leave necessary due to a "qualifying exigency," which has not yet been defined by regulations to be issued by the Department of Labor.

If your company would like more information on these issues, please contact Phil Eschels. Phil will be happy to provide more information or to schedule a customized training program for your company. He also has authored a booklet on these issues for further reference.

Even though the content of the above Greenebaum Doll & McDonald e-bulletin is primarily informative, state and federal law obligates us to inform you that this is an advertisement. You have received this advisory because you are a client or friend of the firm.

About Greenebaum Doll & McDonald PLLC
Greenebaum Doll & McDonald PLLC is a widely-respected business law firm with approximately 200 legal professionals in six offices, serving local, national and international clients in virtually every industry. A forward-thinking business law firm, Greenebaum is committed to the practice of Breakthrough Law®.

Copyright 2008 Greenebaum Doll & McDonald PLLC. All Rights Reserved.



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