Employment Law Report

New NLRB Appointment Creates 3-1 Republican Majority

Mon, 10 Aug 2026 09:00:01 -0400

Tennessee’s New Noncompete Statute

Tue, 04 Aug 2026 09:00:02 -0400

EEOC Votes To Rescind Data Reporting Requirements

Tue, 28 Jul 2026 09:00:03 -0400

[A]rtificially Sex[I]st

Thu, 13 Dec 2018 09:00:04 -0500

Can artificial intelligence be sexist? What about racist? In a previous article “HELP! The Robots are Coming!” we boasted about the numerous benefits of using artificial intelligence in the workplace. We even used cute references to Will Smith’s film I, Robot to help embed the point that there may come a time when it’s People v. Robots ...

Tips from the DOL on Tipped Employees

Wed, 05 Dec 2018 09:00:05 -0500

On November 8, 2018, the DOL reissued Opinion Letter FLSA2018-27 which had been rescinded in 2009. The reissued Opinion Letter announces the DOL’s position on dual jobs and related duties under Section 3(m) of the FLSA. The DOL admitted that its Field Operations Handbook (“FOH”) sections addressing the tip credit have resulted in some ...

Kentucky Supreme Court Affirms New Right to Work Law

Thu, 29 Nov 2018 09:00:06 -0500

Earlier this month, the Kentucky Supreme Court upheld the state’s new “Right to Work” law enacted this past January. Several labor unions immediately challenged the constitutionality of the new law – arguing that the law unfairly targeted only collective bargaining agreements and provided union employees unequal protection under the ...

The Supreme Court of Kentucky Upholds Employees’ Right-to-Work

Mon, 26 Nov 2018 09:00:07 -0500

By Marianna Michael

The Supreme Court of Kentucky has rejected a challenge to Kentucky’s right-to-work law, which prohibits companies from requiring workers to pay union dues as a condition for holding a job.

The relevant provision, codified in KRS 336.130, states:

Notwithstanding subsection (1) of this section or any provision of the Kentucky ...

Politics at Work – What’s an Employer to Do?

Daniel E. Burke — Thu, 15 Nov 2018 09:00:08 -0500

Now that the election is behind us, all of your employees have stopped discussing political issues and there is peace and harmony in the universe, right? Ha! If only that were true. With the House switching from one party to another, political discord is likely to ramp up. Is your workplace at risk of becoming a tinderbox as employees debate and defend ...

Unanimous Music Modernization Act Passage and Enactment Positively Impacts the Music Industry

J. Graham Matherne — Wed, 14 Nov 2018 09:00:09 -0500

By Graham Matherne

On October 11, 2018, President Trump signed into law the Orrin G. Hatch – Bob Goodlatte Music Modernization Act (“Act”), which had unanimously passed both the House of Representatives and the Senate. The Act has been praised by often-times divergent groups in the music industry – e.g. songwriters, publishers, digital ...

It’s Election Day! Do You Know Where Your Employees Are?

Lee P. Geiger — Mon, 05 Nov 2018 09:00:10 -0500

Special thanks to Christina Rogers for writing this week’s blog.

During election season, it’s easy to get caught up in the drama and the television ad game show “Who is More Corrupt?” You might even be so caught up that you forget (or weren’t even aware of) the impact Election Day may have on your workforce. Now more than ever we seem to be ...

Let’s Put all this Hocus Pocus Aside. Do Appearances Really Matter?

Wed, 31 Oct 2018 09:00:11 -0400

Special thanks to co-author, Jack Greiner.

It’s not out of the ordinary to see work colleagues dressed up in Halloween costumes this time of year. Honestly, it wouldn’t be Halloween without the Sanderson Sisters, Addams Family or Michael Myers! Employers often push aside dress codes or appearance policies this week and allow employees to dress ...

With New NLRB Proposed Rule, Browning-Ferris’s Days May Be Numbered

Thomas E. Travis — Mon, 29 Oct 2018 09:00:12 -0400

By Thomas E. Travis

The National Labor Relations Board (“NLRB”) recently proposed a new rule to scale back a controversial Board decision from 2015 regarding the appropriate test for whether a franchisor and franchisees are “joint employers” under the National Labor Relations Act. This would directly roll back the NLRB decision in ...

Hold Your Horses on Mandatory Arbitration Agreements (in Kentucky)

Wed, 24 Oct 2018 09:00:13 -0400

Earlier this year we reported on the United States Supreme Court decision that upheld employers’ use of class action waivers and arbitration provisions in employment agreements under federal law. Late last month, however, the Kentucky Supreme Court held that Kentucky law bars employers from saddling employees with arbitration agreements as ...

Employment Law Report

New NLRB Appointment Creates 3-1 Republican Majority

Tennessee’s New Noncompete Statute

EEOC Votes To Rescind Data Reporting Requirements

[A]rtificially Sex[I]st

Tips from the DOL on Tipped Employees

Kentucky Supreme Court Affirms New Right to Work Law

The Supreme Court of Kentucky Upholds Employees’ Right-to-Work

Politics at Work – What’s an Employer to Do?

Unanimous Music Modernization Act Passage and Enactment Positively Impacts the Music Industry

It’s Election Day! Do You Know Where Your Employees Are?

Let’s Put all this Hocus Pocus Aside. Do Appearances Really Matter?

With New NLRB Proposed Rule, Browning-Ferris’s Days May Be Numbered

Hold Your Horses on Mandatory Arbitration Agreements (in Kentucky)

Daniel E. Burke

Laura D. Caty

Lee P. Geiger

Cassidy R. Zang

James Whelan

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