Employment Law
From work force reduction issues to dealing with the Family Medical Leave Act and everything in between, the Employment Law attorneys at Stites & Harbison focus on providing clients with creative, competitive and cost effective employment law solutions.
The diverse and experienced employment law attorneys within the group recognize that responsiveness to employers in the avoidance of immediate employment law problems is critical. The group provides clients a high level of service with a seamless team approach from our offices in Kentucky, Indiana, Ohio, Tennessee and Georgia.
Stites & Harbison, PLLC Achieves 2023-24 Mansfield Certification
Stites & Harbison, PLLC is pleased to announce that it has achieved 2023-24 Mansfield Certification. Mansfield is a year-long structured certification process designed for law firms to ensure all lawyers have an opportunity to advance into leadership.
FTC Noncompete Rule Struck Down Nationwide
On Tuesday, August 20, 2024, the United States District Court for the Northern District of Texas entered an order preventing the FTC’s rule on noncompetes from going into effect nationwide. For the time being, employers do not need to comply with the FTC’s rule, which was scheduled to go into effect on September 4, 2024. Employment attorneys Shannon Hamilton, Robin McGuffin, and Zac Losey take a look at that decision in this Stites & Harbison Client Alert.
Stites & Harbison, PLLC Lawyers Named to 2025 Best Lawyers® Publications
Stites & Harbison, PLLC is pleased to announce that 97 of its lawyers are included in the 2025 edition of The Best Lawyers in America®. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence according to the publication. Additionally, 12 Stites & Harbison attorneys are named as “Lawyer of the Year” and 30 attorneys are recognized in Best Lawyers: Ones to Watch® in America, which recognizes attorneys early in their careers for outstanding professional excellence in private practice in the United States.
Courts Now Split on Enforceability of FTC Noncompete Rule
On July 23, 2024, the Eastern District of Pennsylvania denied a company’s motion to enjoin the enforcement of the FTC’s rule banning nearly all noncompetes. This contradicts the Northern District of Texas’s order on July 3, 2024, which granted a preliminary injunction enjoining the rule as it applies to the plaintiffs in that case. With opposing rulings, employers remain in limbo as the rule’s September 4, 2024 enforcement date approaches. Employment attorneys Shannon Hamilton, Robin McGuffin, and Zac Losey take a look at what happened.
Richard Myers named Stites & Harbison's Nashville Office Executive Member
Stites & Harbison, PLLC has named attorney Richard S. Myers, Jr., as its Nashville and Franklin Office Executive Member. He succeeds Gregory D. Smith, who has served in this role for nine years.
FTC Non-Competition Final Rule Update
On July 3, 2024, a Texas federal Northern District Court granted a preliminary injunction to the Plaintiff and the four Intervening Plaintiffs in the matter of Ryan v. Federal Trade Commission. The preliminary injunction enjoins the Federal Trade Commission’s (“FTC”) Final Rule prohibiting non-competition agreements from being implemented and enforced as to the Plaintiff and Intervening Plaintiffs only. In addition, the Court enjoined the effective date of the Final Rule, again limiting the injunction to the Plaintiff and Intervening Plaintiffs only. Employment attorney Shannon Hamilton takes a look at the update in this Stites & Harbison Client
Department of Labor Overtime Rule Becomes Effective!
The Department of Labor’s (“DOL”) Final Rule increasing the salary level for exempt positions and increasing the number of employees eligible for overtime goes into effect today, July 1, 2024, for all 50 states, with the exception of the state of Texas as an employer. The Overtime Rule does apply to private employers in Texas. Employment attorney Shannon Hamilton takes a look at what that means to employers in this Stites & Harbison Client
News of the Death of Workers’ Jobs at the Virtual Hands of AI is Greatly Exaggerated
Artificial Intelligence (AI) is being touted as having the potential to save humanity or destroy it. On the saving side there is the possibility for drug discoveries, disease (e.g. cancer) diagnosis for early detection and cure, and energy discovery and efficiency. Stephen Weyer takes a look at the world AI in this Stites & Harbison Client
Stites & Harbison Ranks in Top 20 on 2024 "Best Place to Work in Kentucky" List
Stites & Harbison, PLLC ranks in the Top 20 “Best Places to Work in Kentucky” for 2024 in the medium company category. The firm has made the list 18 times — 10 of those in the Top 10.
Protecting Employer Proprietary Information Following the FTC's Ban on Non-Compete Agreements
The Federal Trade Commission (FTC) on April 23, 2024 issued a rule banning future non-compete agreements with limited exceptions. The FTC rule bans virtually all non-compete agreements for employees and independent contractors. Pre-existing non-compete agreements with senior executives remain enforceable, but new non-competes with senior executives are not. Likewise, non-competes entered into pursuant to a sale of a business or person’s ownership stake in a business are exempt from the FTC rule. Pat Torre takes a look at the rule in this Stites & Harbison Client
Checking in on the Status of the Fair Labor Standards Act Exempt Salary Threshold Increase
It is a little under two weeks until the July 1, 2024, effective date for the U.S. Department of Labor’s Final Rule (the “Final Rule”) raising the minimum salary level requirement for exempt white-collar employees to $43,888 annually. Now is the time to check in on the status of any legal challenges which might effect that deadline and employment attorney Shannon Hamilton takes a look at those challenges in this Stites & Harbison Client
Chambers USA Honors 25 Stites & Harbison Attorneys for 2024
LOUISVILLE, Ky.—Chambers USA selected 25 Stites & Harbison, PLLC attorneys in Kentucky and Tennessee for inclusion in their 2024 guide. The Chambers USA guide ranks the top law firms and leading attorneys in the United States.
The Cost of Third- Party Data Breaches: How to Avoid a Financial Disaster
Time: 12:00 p.m. - 1:30 p.m.
Webinar
Chad McTighe and Sarah Spurlock will be the speakers for The Knowledge Group's Webinar on June 14, 2024 discussing the costs associated with unforeseen security risks.
Department of Labor and the Fair Labor Standards Act Exempt Salary Threshold Increase
On April 23, 2024, the U.S. Department of Labor (“DOL”) issued its final rule raising the exempt classification minimum salary threshold. The change is effective beginning July 1, 2024. In addition, the salary threshold for highly compensated employees will raise as well. Finally, the rule also sets automatic increases every three years starting in January 2027. The final rule raises the minimum salary threshold to $844 per week, up from $684 per week. The next increase to $1,128 per week would be on January 1, 2025. For highly compensated employees the minimum threshold increases to $132,964 on July 1, 2024, with the next salary increase to $151,164 becoming effective January 1, 2025. Employment attorney Shannon Hamilton takes a look at the rule in this Stites & Harbison Client Alert.
FTC Issues Final Rule Banning Non-Compete Agreements; Legal Challenges Have Already Begun
On April 23, 2024, the FTC issued its final rule banning employers’ use of non-compete agreements. The rule is broad, applying nationwide and to all non-compete agreements, with a few narrow exceptions. The ban has not gone into effect—it’s scheduled to go into effect 120 days after being published in the Federal Register—and legal challenges have already been filed. Robin McGuffin and Zac Losey take a look at the new rule in this Stites & Harbison Client Alert.
EEOC Issues Final Rule Implementing the Pregnant Workers Fairness Act
The Pregnant Workers Fairness Act (PWFA) was enacted last year with the purpose of protecting pregnant workers from discrimination and providing them with a right to reasonable accommodations in the workplace. On April 15, 2024, the Equal Employment Opportunity Commission (EEOC) published its Final Rule setting forth expansive regulations implementing the law. The Final Rule becomes effective June 18, 2024. Robin McGuffin and Harlee Havens take a look at what this means in this Stites & Harbison Client Alert.
Data Security and Privacy Symposium
Time: 8:00 a.m. - 4:30 p.m.
State Bar of Georgia Conference Center, 104 Marietta Street NW, Atlanta, GA 30303
Attorneys Shannon Sprinkle and Matt Gass will be moderating and participating on a panel focused on Litigation Trends in Privacy and Data Protection on April 17, 2024 presented by the Atlanta Bar Association.
Key Employee Compensation Alternatives
Many companies struggle with how to best compensate and incentivize their key employees. Salary and short-term bonuses alone may not be sufficient. Many key employees seek to be rewarded for their long-term efforts and to share in any increase in value of the company. Andy Jacobs takes a look at the most common means adopted by companies in this Stites & Harbison Client Alert.
Sixth Circuit Identifies “Dilemma,” but Not Solution for Calculating Workers’ Vehicle Expenses Under the Fair Labor Standards Act
In an opinion that raises as many questions as it answers, the Sixth Circuit foreclosed two methods of calculating how delivery drivers paid the minimum wage should be reimbursed for the costs associated with using their vehicles for work under the Fair Labor Standards Act (“FLSA”). Rejecting both the drivers’ assertion that they should be reimbursed using the mileage rate published by the IRS, and the employers’ argument that drivers should receive a “reasonable approximation” of their costs, the Sixth Circuit held in two consolidated appeals in Parker v. Battle Creek Pizza, Inc., Nos. 22-2119, 22-3561, 2024 WL 1068871 (6th Cir. Mar. 12, 2024), that drivers’ actual costs must be reimbursed to avoid a minimum wage violation and remanded both cases to their respective district courts with little guidance as to how to calculate those costs. Robin McGuffin and Harlee Havens take a close look at the ruling in this Stites & Harbison Client Alert.
Retirement Plans: How to Guard Against Fiduciary Liability
In recent years, we have seen more and more ERISA class action claims against retirement plan sponsors and committees for breach of fiduciary duty. In the past, such claims were generally only made against very large plans but we are starting to see claims against smaller plans. The primary allegation is often that the fiduciaries failed to seek the lowest fees available or put another way the fiduciaries were “asleep at the wheel.” By one report, 463 lawsuits have been filed over the last eight years claiming fiduciaries failed to obtain the lowest available fees. Lexington office attorney Andy Jacobs takes a look at the issues in this Stites & Harbison Client Alert.