Showing 14 posts by David L. Hoskins.
FLSA Amended To Accommodate Nursing Mothers
Under the Patient Protection and Affordable Care Act of 2010, Congress amended Section 7 of the Fair Labor Standards Act (FLSA) to require reasonable breaks for nursing mothers. FLSA-covered employers must provide unpaid, "reasonable" breaks each time an employee needs to express breast milk for her nursing infant who is up to one year old. The employer also must furnish a private space, other than a bathroom, for that activity. That space must be shielded from view and free from interruption. Read More ›
EEOC Announces Over 45 Lawsuits in the Past Week
Although EEOC litigation has actually declined steadily since 2004 (from 421 cases filed in 2004 to only 325 cases filed in 2008), there has been a recent flurry of litigation activity. Within the month of September, the EEOC filed over 90 lawsuits, and, within the last week alone, the Commission filed over 45. Read More ›
Employees Who Took An Early Retirement Cash Incentive Are Not Entitled To Unemployment Insurance Benefits.
An employee who voluntarily leaves his employment is not normally entitled to unemployment insurance benefits. There is, however, an exception for employees who leave for “good cause attributable to the employment.” Read More ›
Kentucky’s Minimum Wage Rate Will Increase July 1, 2009
Kentucky’s minimum wage rate will increase July 1, 2009. The increase comes ahead of the federally mandated hike. Read More ›
Union Membership in 2007: A Visual Essay
The article graphically illustrates union membership rates relative to many variables. Read More ›
DOL Clarifies Compensability for On-call Time
The Department of Labor issued an opinion letter further clarifying the compensability of “on-call” time under the Fair Labor Standards Act. Read More ›
Kentucky Supreme Court Affirms A Narrow Definition Of Being “Similarly Situated.”
A plaintiff in a discrimination suit generally must offer sufficient evidence that he was treated less favorably than a “similarly situated” employee outside his protected class. Read More ›
Claim For Sexual Orientation Discrimination Not Viable In Court
Although Kentucky state law does not prohibit sexual orientation discrimination, such a prohibition does exist in Jefferson County pursuant to Louisville-Jefferson County Metro Government Ordinance Chapter 92(the "Ordinance"). Read More ›
Kentucky Supreme Court Underscores The Value Of Release Agreements
Last week in Humana, Inv. v. Blose, the Kentucky Supreme Court clarified that a valid release of claims operates to bar those claims, not merely provide the basis for a counterclaim. Read More ›
Business Trip “Guest” Has No Claim For Injuries Unless His Presence Served A Business Purpose
It is not unusual for a non-employee to accompany an employee on a business trip. Read More ›
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Attorney Spotlight
Deborah S. Adams is a member of Frost Brown Todd LLC and practices in the labor and employment law practice group. She represents management in the areas of employment discrimination and wrongful discharge.