Compassionate Care for Frontline Healthcare Workers During the Covid-19 Crisis in Louisville, Kentucky

One cannot watch television, listen to the radio or drive down a Kentucky road without being continually bombarded by advertisements from a handful of law firms trying to catch the attention of personal injury clients. Interestingly, many of these firms are based out of neighboring states or even states hundreds of miles away. Just the other day, I saw an attorney’s giant head on the side of a bus and just below the head was the disclaimer that stated that that attorney was not licensed to practice in Kentucky. One would hope that a potential client would ask, “Why put your face on a bus if you aren’t willing to put in the time to get licensed in this state?”

Right now, you are living it up in your golden years, or perhaps you are just now approaching retirement age. No matter what age you are, it’s never too early to think about the likelihood that you’ll need long-term care, as well as how you plan to pay for it.

2018 marks the 50 year anniversary of the passage United States Age Discrimination in Employment Act (ADEA). This law provides an opportunity for individuals to seek relief from discrimination in employment based on age over the age of 40. It has been administered for the past 50 years by the United States Equal Employment Opportunity Commission (EEOC) and has cured a great number of illegal employment actions.

In April, 2017, the United States Court of Appeals for the Seventh Circuit held that employment discrimination based on sexual orientation was a violation of the protection against sex discrimination found in Title VII of the United States Civil Rights Act of 1964.

Most essays I have written for this blog concentrate on important and slightly arcane legal issues. However, I want to get personal with this missive. Here goes.

I have had several clients come to me regarding a landlord refusing to return their security deposit after their lease is over. Jefferson County has adopted the Kentucky Uniform Residential Landlord and Tenant Act. The Act’s purpose was to improve the quality of housing and to proscribe clear rules to be followed by the landlord and the tenant. KRS 383.580 specifically addresses the issue of security deposits.

Every day in Jefferson County, one of the ten Family Courts receives petitions alleging that a child is abused, neglected or dependent. These cases, known as DNA cases, begin when a petition, usually filed by the Cabinet for Health and Family Services, is brought to the Court and the Court is asked to consider removing the child from the parents or current custodian in order to ensure that the child is safe and secure. This first appearance is called a Temporary Removal Hearing. At this hearing, the Court will appoint an attorney to represent the child. This attorney is known as a Guardian Ad Litem (or GAL). The Court will also ensure that the parents have attorneys appointed to represent their interests and rights. The Court will then consider the evidence presented by an Assistant County Attorney and decide whether or not it will be necessary to remove the child from the custodian or parents on a temporary basis. If the child is removed, the preferred placement will be to give temporary custody to a qualified relative but if that is not possible, to a foster care home. The goal of all DNA proceedings is to return a child that has been removed back to the parents or custodian as soon as possible if it can be done in a safe and secure manner.

Last week, on Thursday, June 8, 2017, eight people from the law firm of Barber, Banaszynski & Hiatt, including the three Senior Partners, gathered at Churchill Downs.

We were invited by the Home of the Innocents to attend a salute to Dr. Joan Thomas and Lee Thomas and a fundraiser on “Millionaires Row” at the Downs. There were 500 or so people there, all of whom were more “well heeled” than us. But we were there to salute the great work that the Home of the Innocents is doing in providing services for abandoned children and for children who have been released from hospitals who are terminal or who have serious physical problems.

A limited liability company (“LLC”) is not a separate tax entity like a normal corporation. Rather, it is what the Internal Revenue Service (“IRS”) calls a “pass-through entity.” This is taxed like a partnership or sole proprietorship. The profits and losses of the LLC “pass-through” business to the LLC owners, or members, who uses information for their personal tax returns. The LLC itself does not pay any federal or state income taxes. There may, however, be an annual reporting fee payable to a state such as Kentucky, as discussed below.

After months of negotiation with the other side you have finally reached a settlement. You have avoided going to trial and will no longer have to pay attorneys fees. Settlements are often an ideal outcome for all parties involved. It avoids protracted litigation that costs time and money. There are some important concerns that one needs to keep in mind when drafting or signing a settlement.

I recently spent a lot of time dealing with a case that involves a young worker in the health industry who was in a high-level position with a company and had been there for seven months. He received an offer to go to work for a second company for $165,000.00 and wanted to make the move. The problem was that there was a non-compete clause in his current contract with his current employer.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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?

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.

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

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.

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)?

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.

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

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?

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.

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.

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. 

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

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

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.

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.  

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.

Kentucky case will play a role in the U.S. Supreme Court’s decision later this year which will determine whether the 14^th 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. 

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.

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

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.

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

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.

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.

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.

How to use a bankruptcy to recover garnished wages

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

AT-WILL DOCTRINE

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

PROTECTED HEALTH INFORMATION AND ELECTRONIC HEALTH RECORDS

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.

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.

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

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

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.

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.

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