Employment Litigation
The Employment Law Service Group practices much like a “boutique firm” within Stites & Harbison. From workforce-reduction issues to dealing with the Family Medical Leave Act and everything in between, the Employment Law Service Group at Stites & Harbison focuses on providing clients with creative, competitive, and cost-effective employment law solutions. Our group’s diverse and experienced employment litigation attorneys know that responsiveness in helping employers avoid immediate employment law problems is critical. Clients can count on a high level of service with a seamless team approach from our offices in Kentucky, Ohio, Tennessee and Georgia.
Our group is dedicated to providing employers with vigorous and zealous defense of all employee-driven lawsuits. Many of the group's attorneys have extensive first-chair trial experience before arbitrators, judges and juries in both employment matters and in business litigation, and are adept at developing and implementing first chair strategy.
The members of our group also understand when it is in the client's best interest to reach a settlement in order to prevent extensive litigation. We will not hesitate to recommend and facilitate as favorable resolution for the client as quickly as possible.
In addition to handling EEOC and state administrative charges, the group litigates complex civil suits involving a wide variety of federal and state discrimination claims, including cases alleging:
- Sex, age, race, religion, or national origin discrimination
- Sexual harassment
- ADA
- FMLA
- Wrongful discharge
- Wage and hour disputes
In litigation involving the breach of covenants-not-to-compete, confidentiality agreements, and nonsolicitation agreements, our seasoned employment litigation lawyers successfully prosecute and defend TROs and other injunctive-relief motions at both the state and federal levels.
Applying in-depth litigation knowledge to develop practical preventative-counseling solutions for clients is another strength of our group. We also provide materials to fit specific client needs for in-house training. Group members regularly draft and review employment documents including employee handbooks, employee contracts, and severance agreements.
Our employment litigation attorneys are frequent speakers on a variety of employment law topics, and have authored numerous articles on employment law issues. The group also regularly sends out Client-Alerts via e-mail to ensure our clients receive up-to-date information in employment-law developments that could impact their businesses.
Several members of our group have also authored treatises on employment law and personnel practice published by the state Chamber of Commerce.
The Employment Law Service Group is always "on the job for you."
Olivia Keller Appointed to Gateway Community and Technical College Board of Directors
Governor Andy Beshear recently appointed Stites & Harbison, PLLC attorney Olivia C. Keller to Gateway Community and Technical College’s Board of Directors. She will serve in this role until July of 2030.
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.
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
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.
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.
Edward and Charles Stopher Join Stites & Harbison’s Louisville Office
Stites & Harbison, PLLC is pleased to announce that attorneys Edward H. Stopher and Charles H. Stopher of Boehl Stopher & Graves, LLP have joined the firm’s Louisville, Ky., office. They are members of the Torts & Insurance Practice Service Group and secondary members of the Business Litigation Service Group.
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.
Sixth Circuit Applies Updated Arbitration Waiver Standard
In a published opinion issued on March 27, 2024, the Sixth Circuit applied for the first time the waiver standard announced in the Supreme Court’s 2022 opinion, Morgan v. Sundance, Inc., 596 U.S. 411 (2022), in affirming the denial of a motion to compel arbitration due to the defendant’s extensive participation in the litigation.
Benchmark Litigation Selects Stites & Harbison as 2024 Litigation Firm of the Year for Kentucky
LOUISVILLE, Ky.—Benchmark Litigation recently named Stites & Harbison, PLLC as Litigation Firm of the Year for Kentucky at its 2024 Benchmark US Awards Gala. This is the fourth time Stites & Harbison has received the honor.
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.
Thad Barnes and Michael Denbow Appointed to Lead Stites & Harbison’s Business Litigation Service Group
LOUISVILLE, Ky.—Stites & Harbison, PLLC is pleased to announce that attorneys Thad M. Barnes and Michael Denbow have been appointed to Co-Chair the firm’s Business Litigation Service Group. Each attorney will continue their diverse legal practices in business litigation.
Demetrius Holloway Earns 2023 Trailblazer Award
LOUISVILLE, Ky.—The Louisville Bar Association’s (LBA) Diversity & Inclusion Committee recently announced Stites & Harbison, PLLC attorney Demetrius O. Holloway as the recipient of the 2023 Justice William E. McAnulty Jr. Trailblazer Award.
2024 ABA Young Lawyers Division's Midyear Meeting
Omni Louisville, Louisville Marriott Downtown and Kentucky International Convention Center, Louisville, KY
Attorney Demetrius Holloway will speak on "passing the torch" of diversity to the younger generation of attorneys at this American Bar Association mid-year meeting.
Robin D. Miller Honored by Ohio Super Lawyers for 2024
MASON, Ohio—The 2024 edition of Ohio Super Lawyers recently honored Stites & Harbison, PLLC attorney Robin D. Miller on its Super Lawyers list.