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Friday, May 19

THE RISE OF ARBITRATION CLAUSES IN EMPLOYMENT CONTRACTS posted by David A. Ehsan

Arbitration clauses in employment agreements are now becoming the norm in the United States. Arbitration is an alternate dispute forum to the court system, where the parties present their dispute to an arbitrator and his decision is often binding.

Wednesday, March 22

STATE REQUIRED TO PAY RELATIVE FOSTER PARENTS MONEY TO SUPPORT CHILDREN PLACED IN THEIR CARE posted by Thomas A. Ebendorf
Tags: In the news 

Recently, the United States Court of Appeals for the Sixth Circuit ruled that approved relatives who have received children placed in their care as a result of a dependency, neglect or abuse cases are entitled to receive money for the financial support of the children from the state.

Thursday, March 9

aggressive legal defense must be undertaken by individuals charged with DUI for a first offense posted by Jonathon M. Hodge

Now, more than ever, aggressive legal defense must be undertaken by individuals charged with DUI for a first offense. If you have been charged with DUI, contact Jonathan Hodge for a consultation of your case.

Tuesday, February 21

A stitch in time saves nine posted by Oliver H. Barber, Jr.
Tags: In the news 

There are many old sayings, or aphorisms, that are applicable as we go through life. One of them is the English saying cited at the top, a “stitch in time saves nine.” It needs no explanation.

Friday, February 3

ABLE accounts come to Kentucky posted by Thomas J. Banaszynski
Tags: In the news 

What is the ABLE Act? The ABLE Act was passed by the 113th Congress, and signed into law on December 19, 2014 by President Obama. The Steven Beck, Jr. “Achieving a Better Life Experience” Act of 2015 (ABLE Act). The ABLE Act was named to honor Steven Beck, Jr., a parent from northern Virginia who helped conceive and develop the ABLE Act, and who worked tirelessly for its passage.

Tuesday, January 24

THE RISE OF ARBITRATION CLUASES IN EMPLOYMENT CONTRACTS posted by David A. Ehsan
Tags: In the news 

Arbitration clauses in employment agreements are now becoming the norm in the United States. Arbitration is an alternate dispute forum to the court system, where the parties present their dispute to an arbitrator and his decision is often binding. Employers have included arbitration clauses in employment agreements for many reasons. The first is that it prevents an employee from filing a lawsuit in the court system. As a result, it prevents the employee from having their case heard by a jury. The employer often designates who they want to arbitrate any potential disputes between the employee and themselves, which gives the employer an inherent advantage in the arbitration process. Anthony Kline, a California appeals court judge, said in an interview with the New York Times. “This is a business and arbitrators have an economic reason to decide in favor of the repeat players.” The “repeat players” in this instance would be the companies that consistently have disputes that go to arbitration.

Monday, November 14

UNEMPLOYMENT BENEFITS – YOUR RIGHTS posted by Thomas A. Ebendorf
Tags: In the news 

Kentucky provides an opportunity for employees who lose their job to receive unemployment benefits. Benefits are paid to qualified individuals for a period of up to six (6) months following the termination and affords this individual an opportunity to find gainful employment.

Friday, November 4

WHAT POWERS MIGHT BE GRANTED TO AN ATTORNEY-IN-FACT THROUGH A POWER OF ATTORNEY posted by Thomas J. Banaszynski
Tags: In the news 

A power of attorney (POA) is a written authorization to represent or act on another’s behalf in private affairs, business, or some other legal matters.

Friday, October 21

Ex Post Facto Law posted by Oliver H. Barber, Jr.
Tags: In the news 

Imagine the following: That you are a grandmother, and you were initially sentenced pursuant to a plea agreement, that you attempted to withdraw, for a term of ten (10) years with a three (3) year term of conditional discharge pursuant to KRS 532.043 following your release.

Friday, July 22

Changes in the rules for overtime pay posted by Thomas J. Banaszynski
Tags: In the news 

The U.S. Department of Labor has changed the rules for overtime compensation for employees. The Fair Labor Standards Act (FLSA or Act) guarantees a minimum wage for employees for all hours worked during the workweek and an overtime premium pay of not less than one and one-half times the employee’s regular rate of pay for over 40 hours worked in a workweek. While these protections extend to most workers, the FLSA does provide a number of exemptions. In this Final Overtime Rule, the Department of Labor (Department) revises the regulations under the FLSA implementing the exemption from minimum wage and overtime pay for executive, administrative, professional, outside sales, and computer employees. These exemptions are frequently referred to as the “while collar” exemptions.

Friday, May 27

Ineffective Assistance of Counsel: Unsatisfied Customers v. Constitutional Violations posted by Jessica C. Durden
Tags: In the news 

The Sixth Amendment grants an accused person the right to counsel in a criminal proceeding. That means from the start of a criminal case, from arraignment to sentencing, the Constitution mandates the assistance of a defense attorney. That right to counsel is, specifically, the right to effective assistance of counsel. See McMann v. Richardson, 397 U.S. 759, 771 n.14 (1970). So what happens when the “assistance” of counsel in a given case is lacking? When can an appeals court step in and reverse a conviction because of counsel’s error?

Friday, May 13

Why can't my attorney negotiate amendment of my DUI to posted by Jonathan M. Hodge
Tags: In the news 

Kentucky Revised Statute (KRS) 189A.120 prohibits the prosecutor from entering into an agreement to amend a DUI charge to a lessor offense when the alcohol concentration for a person twenty-one (21) years of age or older with a Blood Alcohol Content (BAC) at or above 0.08, or for a person under the age of twenty-one (21) with a BAC at or above 0.02, or when the defendant, regardless of age, has refused to take an alcohol concentration or substance test.

Tuesday, May 10

Mediating Family Court Disputes posted by Rebecca A. Smither
Tags: In the news 
If you have an ongoing case in Family Court, or you are preparing to file a new action, chances are that you will find yourself having been ordered to mediation.

Tuesday, May 3

HARRIET TUBMAN, CIVIL RIGHTS ACTIVIST posted by Thomas A. Ebendorf
Tags: In the news 

Recently, it was announced that Harriet Tubman would replace Andrew Jackson as the face on the $20.00 bill. President Jackson, a slaveholder and the man principally responsible for removing thousands of Native Americans from the east and southeast and marching them on the “Trail of Tears” to Oklahoma, is being replaced by former slave

Wednesday, April 20

BASIC STEPS TO MANAGING A PROBATE ESTATE posted by Thomas J. Banaszynski
Tags: In the news 

The following are some guidelines and suggestions for managing a probate estate. These would apply whether an individual is a fiduciary, e.g. Executor or Executrix, Administrator or Administratrix; is a beneficiary of the estate. These are some basic guidelines to keep in mind should you find yourself involved in a probate estate for a friend or relative.

Thursday, April 14

Exempt Employee Status and Overtime Pay: A Practical Primer posted by Jessica C. Durden

Employment law is a dense, objectively dry field; it’s not dramatic family law, heart-wrenching criminal law, or high-brow corporate litigation. But for anyone in the working world--blue collar and white collar, hourly and salaried, minimum wage earners and CEOs--employment law has the potential to seriously impact day to day life. For the employer, failure to wade into the morass of employment law to understand its obligations to employees risks the wrath (and the crippling fines) of the Kentucky Labor Cabinet and the U.S. Department of Labor. Failure to investigate and advocate for one’s rights as an employee can leave one with a shorted paycheck and far too many hours on the clock (or too few). This article is intended to address one of the most commonly asked employment law questions: who qualifies as “exempt” (and why does it matter)?

Wednesday, March 30

Mental Illiness and the law posted by Oliver H. Barber, Jr.
In 1974, I drafted the Civil Commitment Law for the state of Kentucky, K.R.S. 202(a). At that time, I was the chief mental health lawyer for the state of Kentucky. So it was right before I went into private and the General Assembly passed a law on that date.

Friday, January 15

Does sex discrimination equal sexual orientation discrimination posted by Thomas Ebendorf
Tags: In the news 

For more than 50 years, federal and state courts have consistently held that an employer who treats an employee less favorably because of his or her gender is violating Title VII and/or a comparable state law. In Kentucky that law is the Kentucky Civil Rights Act.

Friday, January 8

How long should you keep tax records? posted by Thomas J. Banaszynski
Tags: In the news 

Not all financial records need to be kept forever. There are some guidelines for how long one should keep financial records,

Thursday, November 19

Navigating Employment Appeals with the Kentucky Personnel Board posted by Jessica C. Durden
Tags: In the news 
The Commonwealth of Kentucky, the state’s top employer, offers a wealth of great reasons to work in government. State job postings are competitive and the benefits packages are attractive. So what happens to state employees when they face discipline, demotion, or termination?

Monday, November 9

Consurmer Scams posted by Jonathan M. Hodge
Tags: In the news 

Consumers across the country report that they're getting telephone calls from people trying to collect on loans the consumers never received or on loans they did receive but for amounts they do not owe. Others are receiving calls from people seeking to recover on loans consumers received but where the creditors never authorized the callers to collect for them. So what's the story?

Wednesday, October 21

Powers of Attorney in Kentucky posted by Thomas J. Banaszynski
Tags: In the news 

Powers of attorney are important tools to help individuals conduct business, convey property, plan for disability. For example, individuals will often execute a power of attorney for an individual to act on their behalf in limited circumstances.

Friday, October 16

More than lost wages posted by Thomas A. Ebendorf
Tags: In the news 

Federal and state laws prohibit discrimination in employment based on race, color, religion, national origin, gender and age. Compensation available for the victims of such illegal acts include restoration of the job, promotion and compensation for lost wages.

Monday, September 28

Private non-profits posted by Oliver Barber, Jr.
Tags: Events 

Tuesday, September 15

Kentucky Supreme Court Renders Decision on a Trial Court’s Authority in Awarding Federal Tax Exemptions posted by Rebecca Smither

Very often, in divorce, child custody and child support disputes, the issue of federal income tax exemptions and the right to claim a child as a dependent arises.  For the first time, under the case of Adams-Smyrichinsky v. Smyrichinsky, the Kentucky Supreme Court addressed the authority Kentucky trial courts have in awarding a tax exemption as part of a child support award. 

Thursday, September 10

La obtención de una licencia de conducir de Kentucky para los no ciudadanos de los Estados Unidos posted by Jeffrey E. Hiatt
Tags: In the news 

De conformidad con el Kentucky Transportation Cabinet un estados unidos ciudadano no puede obtener una licencia de conducir de Kentucky siguiendo los procedimientos adecuados.

Thursday, August 13

Retaliation: When Management Strikes Back posted by Jessica Durden
Tags: In the news 

Friday, July 31

Ignition Interlock Devices posted by Jonathan Hodge
Tags: In the news 

On June 24, 2015 in the commowealth of Kentucky, new more severe DUI laws and penalties went into effect.

Wednesday, July 15

Give us your final thoughts. posted by Thomas J. Banaszynski

You can’t write a letter from beyond the grave.  You might not be able to write a letter if you become mentally incompetent, or have a disability.  Now, while you still can, write a letter that will contain information and instructions to help your loved ones, your significant other, make sense of your financial life, as well as theirs, after you are no longer able to advise them whether because of a disability or death.

Thursday, June 25

Thursday, April 23

House Bill 8: Changing the Game of Domestic Violence Protection or Just a Band-Aid? posted by Jessica C. Durden
Tags: In the news 

Kentucky governor Steve Beshear signed House Bill 8, a.k.a. the “Dating Violence Act,” into Kentucky law on April 1, 2015. Prior to this act, Emergency Protective Orders (EPOs) were available only to married couples, those individuals who had a child in common, or who lived together.  

Wednesday, March 25

Often overlooked tax credits and deductions posted by Thomas J. Banaszynski

Friday, February 27

Rachel T. Caudel

Landlord / Tenant Rights And Duties: Q & A

Determining your rights and responsibilities as a landlord or a tenant can be difficult and confusing. This Q & A will help you navigate and understand your rights and duties in Louisville / Jefferson county and other cities and counties that have adopted Kentucky’s Uniform Residential Landlord-Tenant Act (URLTA). If you live in a different area, your rights and responsibilities will be different.

Thursday, February 12

Cases arrive in "3's" posted by Oliver Barber, Jr.

Monday, January 19

United States Supreme Court Takes Up Same-Sex Marriage Issue posted by Rebecca A. Smither

Kentucky case will play a role in the U.S. Supreme Court’s decision later this year which will determine whether the 14th Amendment requires a state to license same-sex marriages and also whether it will require the states to recognize a marriage between two people of the same sex when their marriage was fully licensed and performed out of state. 

Wednesday, December 17

SOME BASIC IDEAS FOR EVERY ESTATE PLAN posted by Thomas J. Banaszynski
Tags: Events 

Estate planning can seem like an overwhelming task, but it does not have to be.  Each of us has an estate for which we need to make some plans.  We all have loved ones who need to be part of that estate.  We all have special interests which we may want to address as part of that estate plan.

Friday, December 5

Grand Juries posted by Jessica C. Durden
Tags: In the news 

Friday, November 21

Friday, November 7

What to Expect if you are pulled over for a DUI Traffic Stop posted by Jonathan Hodge
Tags: In the news 

If you find yourself in a situation where you are charged with a DUI, you are best served by having an attorney represent you.

Wednesday, November 5

We would like to introduce two new attorneys that have joined our firm posted by Jeffrey E. Hiatt

This fall we have hired two new attorneys and are pleased to introduce Rachel T. Caudel and Jessica C. Durden as the newest members of our team.

Monday, October 6

Changes in Slip and fall cases in Kentucky posted by Thomas Ebendorf
Tags: In the news 

Recent changes in Kentucky slip and fall law make it more difficult for employers.

Friday, September 26

Standing up for your Constitutional Rights Through 42 U.S.C. 1983 posted by Rachel T. Caudel
Tags: In the news 

Recent events have highlighted the issues of police brutality, excessive force, and illegal seizures. This article discusses options and remedies available through 42 U.S.C.  1983  to individuals who have had their constitutional rights violated.

Friday, September 12

Rose York Kelly posted by Oliver H. Barber, Jr.
Tags: In the news 

Monday, September 8

IRS TO MAKE IT EASIER FOR CHARITIES TO ATTAIN TAX-EXEMPT STATUS posted by Thomas J. Banaszynski
Tags: In the news 

Beginning July 1, 2014, the IRS has embarked on a plan which will make it easier for charities seeking tax-exempt status to achieve that status.  As of July 1, any charitable group that pays a Four Hundred Dollar ($400.00) filing fee, and declares on a three-page form that it has, and will have, less than $50,000 in annual income, and has total assets of less than $250,000, is a charity.

Monday, July 14

Kentucky Public Transit Association Receives 2014 State Leadership Award posted by Oliver H. Barber, Jr.
Tags: In the news 

The Kentucky Public Transit Association (KPTA) today was awarded the 2014 State Leadership Award by the Community Transportation Association of America (CTAA) at its annual Awards Banquet in Saint Paul, Minnesota.

This award was made possible as a result of the lobbying efforts of Oliver Barber, Jr.

Monday, July 14

Recovery of a pre-petition garnishment posted by Jon Hodge
Tags: In the news 

How to use a bankruptcy to recover garnished wages

Monday, June 30

50th Anniversary of the passage of the Civil Rights Act of 1964 posted by Thomas Ebendorf
Tags: In the news 

July 2, 2014, marks the 50th anniversary of the passage of the Civil Rights Act of 1964.  

Thursday, June 12

Employee At-Will Doctrine in Kentucky posted by Oliver Barber, Jr.

AT-WILL DOCTRINE

In all 50 states (except California and maybe Michigan), the “At Will” Doctrine reigns supreme in employment situations.

 

       

 

 

Thursday, May 29

PROTECTED HEALTH INFORMATION AND ELECTRONIC HEALTH RECORDS posted by Thomas J. Banaszynski

PROTECTED HEALTH INFORMATION AND ELECTRONIC HEALTH RECORDS

Friday, May 16

Wednesday, April 23

Steps to starting a new business posted by Jeffrey E. HIatt
Tags: Events 

Starting a new business is an exciting, but somewhat confusing and consuming process.  The success of a new business starts with proper planning and counsel from your attorney and accountant.  Selecting the proper entity and tax status is very important.

Monday, April 14

Child Custody Actions – Defining “Person Acting as a Parent” posted by Rebecca Smither
Tags: In the news 

Child custody is a highly litigated issue in Kentucky Courts.  On February 20, 2014, the Kentucky Supreme Court once again addressed the issue of child custody.  In Coffey, et. al., v. Wethington, two individuals sought custody of two minor children after their mother’s death, which the trial court ultimately granted.  The children’s biological father appealed to the Kentucky Court of Appeals. The Court of Appeals vacated the trial court’s judgment with instructions to dismiss the custody petition on the grounds that the original petitioners lacked standing according to KRS 403.800, et. seq.  The Supreme Court granted discretionary review on the issue of standing to file a petition for custody.  After a review of the record and applicable law, the Supreme Court reversed the decision of the Court of Appeals.

 

Tuesday, April 8

Consumer Fraud posted by Jonathan Hodge
Tags: In the news 

Tuesday, April 8

HIPPA regulations and violations
Tags: In the news 

The Health Information Technology for Economic & Clinical Health Act (HITECH) was enacted to encourage the use of electronic health records by healthcare providers. 

 

Tuesday, March 11

Kentucky Civil Rights Act posted by Thomas A. Ebendorf

March 2014 is the 50th anniversary of the mass march on Frankfort in support of a state civil rights law.

Wednesday, February 12

"Kentucky Public Transit Day" at the State Capitol Rotunda posted by Oliver Barber, Jr.
Tags: Events 

Oliver Barber, Jr is a lobbyist at the General Assembly on behalf of five private non-profit organizations.  Among them is the Kentucky Public Transit Association.

He has put together a Transit Day at the Capitol.  Attached is a list of these events for the occasion.

Friday, February 7

COMMON INTERVIEW QUESTIONS THAT MAY ACTUALLY BE ILLEGAL

During job interviews, employers attempt to gather as much information about a prospective employee as possible.  However, some of the questions the interviewer asks may actually be illegal.  Questions that ask a prospective employee to provide information about protected categories, such as national origin, citizenship, age, marital status, disabilities, race, gender, pregnancy status may well violate various federal and state discrimination laws, unless the question has a clear job-related basis.

Saturday, January 25

Snowden: Coming Home 'Not Possible' Under Whistle-Blower Laws

Snowden: Coming Home 'Not Possible' Under Whistle-Blower Laws