From JDSupra, Mark Gerano, Samia Kirmani, Ryan Martin, Abraham Saiger, Brendan Sweeney, and Sherry Swieca discuss a recent case from the Kentucky Supreme Court that says employers cannot require arbitration as a condition of employment. They write: On September 27, 2018, the Kentucky Supreme Court issued its opinion in Northern Kentucky Area Development District v. Danielle Snyder, No. 2017-SC-000277-DG and held that…
From HR Daily Advisor, Charles Bradley discusses a recent Kentucky case in which a chaplain for a racecourse was found to be an independent contractor. Charles writes: Facts “Howard” started working as a chaplain at Keeneland’s racecourse in 1999. As chaplain, he was charged with ministering to track employees, leading Sunday services during race meets,…
From JDSupra, Wendy Miller discusses a recent Kentucky Supreme Court case that will permit class action lawsuits for wage and hour claims. Wendy writes: On August 24, 2017, the Supreme Court of Kentucky issued its long-awaited decision in McCann, et al. v. The Sullivan University System, Inc., No. 2015-SC-000144-DG (2017), surprising many by overruling the Court of…
From the Glasgow Daily Times, Ronnie Ellis reports on a case in which a hospital was alleged to be liable for injuries to a patient caused by a physician who was an independent contractor. Ronnie writes: Adams subsequently alleged she suffered paralysis in one leg as well as foot problems and knee pain and sued…
From Staffing Industry Analysts, Kentucky has joined the Department of Labor’s initiative. The SIA reports: “Kentucky signed a three-year memorandum of understanding to crack down on misclassification of employees as independent contractors, the US Department of Labor reported. The announcement follows the release yesterday of an “administrator’s interpretation” by the Department of Labor on how…
From Lexology, Steven A. Brehm of Bingham Grennebaum Doll LLP writes about Kentucky legilsation that was introduced to increase the penalties on construction contractors who misclassify workers as independent contractor instead of treating them as employees. He writes: “The bill would create a presumption that a person who performs services for a contractor is an employee.…