Nick Birkenhauer
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Emotional Distress Damages Now Easier to Obtain in Employment Discrimination Cases
A recent decision from the Kentucky Supreme Court has clarified the quantum of proof required to support a claim for emotional distress damages in employment…
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What to Do When an Employee Requests a Reasonable Accommodation
When the Equal Employment Opportunity Commission (EEOC) investigates a disability discrimination complaint brought under the ADA, one of the first things the investigator will look…
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Following Supreme Court Decision, Large Employers Must Prepare for Upcoming ACA Mandates
On June 25, 2015, the United States Supreme Court upheld a key provision of the Affordable Care Act (ACA) in a 6-3 decision, holding that…
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FMLA Protections for Same-Sex Couples Expanded
A recent change to the Family Medical Leave Act (FMLA) has given employers yet another thing to keep in mind as they administer their employee…
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New NLRB “Ambush” Election Rule Now In Effect
The National Labor Relations Board’s controversial final rule revamping its procedures for union elections, commonly referred to as the “ambush” election rule, went into effect…
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Recent Supreme Court Case Opens Door to Pregnancy Discrimination Claims
The U.S. Supreme Court has clarified an employer’s obligations under the Pregnancy Discrimination Act to accommodate pregnant employees who have work restrictions. In Young v.…
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Non-Profits Be Mindful: You May be Required to Pay Employees for Volunteer Time
Employees who work for not-for-profit organizations can be some of the most committed and caring employees in the workforce. Indeed, it is not unusual for…
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Kentucky Employers Beware: Your Non-Competition Agreements May No Longer Be Valid
Kentucky courts have always strictly construed employee non-competition agreements against employers and in favor of employees. This means that any ambiguities, or other questions, in…
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NLRB Rules that Employees Can Use Employer Email for Union Organizing
The National Labor Relations Board (NLRB) has reversed existing law and ruled that an employer that allows employees access to its email system for business…
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