News
MSHA VACATES CITATIONS AFTER CONCEDING NO JURISDICTION AT STONE CUTTING YARD
After eleven years of operation without being inspected by the Mine Safety and Health Administration (“MSHA”), Real Stone Veneers of TN, LLC (“RSV”) was cited for alleged violations of MSHA regulations at two of its facilities. RSV harvests fieldstone and transports it to two different off-site facilities, where RSV cuts the fieldstone into smaller sizes…
Read MoreFEDERAL COURT GIVES PASSING GRADE TO SUSPICIONLESS DRUG TESTING OF SUBSTITUTE TEACHERS
In a matter of first impression, the Eleventh Circuit Court of Appeals addressed whether a public school system may require all applicants for substitute teaching positions to pass a drug test as a condition of employment. The Fourth Amendment typically prohibits the government from engaging in searches without any suspicion of wrongdoing. However, in December…
Read MoreGovernment Shutdown: Things to Know
The U.S. government has been on a shutdown since December 22, 2018 after President Donald Trump and Democrats failed to agree on the President’s request for funding a wall along the U.S./Mexico border. So, what does this shutdown mean for the rest of us? Here are two potential impacts you could be feeling: Tax Season…
Read MoreCOURT DETERMINES THAT MINISTERIAL EXCEPTION DOES NOT APPLY TO RELIGION TEACHER
Religious institutions, including parochial schools, have an interest in correctly determining whether employees are “ministers.” Due to the First Amendment’s Establishment and Free Exercise Clauses, religious organizations have wide discretion in choosing their own leaders and are thus exempt from generally applicable employment laws when it comes to ministers. This week, in Biel v. St.…
Read MoreWKT Partner Presents “The Impact of the Opioid Crisis on the U.S. Labor Market”
On November 1, John M. Williams, WKT Partner & Attorney, spoke at the Southeast Mine Safety and Health Conference in Birmingham, Alabama. John’s topic was “The Impact of the Opioid Crisis on the U.S. Labor Market.” He discussed the impact on the national labor pool and the developing responses among employers, the government and private…
Read MoreIncrease in Criminal Enforcement in MSHA Cases
There has been a recent increase in criminal enforcement in MSHA cases. The increase in MSHA criminal cases stems from a December 17, 2015 Memorandum of Understanding (“MOU”) between the Department of Labor (“DOL”) and the Department of Justice (“DOJ”). Under the Memorandum of Understanding Investigators are encouraged to investigate workplace safety (including MSHA) violations…
Read MoreKY EMPLOYERS: DID THE SUPREME COURT JUST INVALIDATE YOUR ARBITRATION AGREEMENTS?
Arbitration agreements between employers and employees are common. Arbitration agreements have been the subject of many recent court decisions, including the United States Supreme Court decision in Epic Systems Corp. v. Lewis, which upheld the enforceability of employment arbitration agreements with class action waivers. Notably, the Supreme Court of Kentucky just issued an opinion…
Read MoreJohn M. Williams Named 2019 Best Lawyers® “Lawyer of the Year” in Lexington
August 16, 2018 — Attorney John M. Williams was recently recognized by Best Lawyers as the 2019 “Lawyer of the Year” for Energy Law in the Lexington area. Only a single lawyer in each practice area and designated metropolitan area is honored as the Lawyer of the Year, making this accolade particularly significant. These lawyers…
Read MoreKentucky Special Olympics Celebrates 48 Years
WKT Law wishes the Special Olympics organization a happy 50th year anniversary and a happy 48th anniversary to Special Olympics Kentucky! On August 19th, Special Olympics Kentucky will hold an anniversary celebration with all current/former athletes, coaches, families, and volunteers at Valley High School in Louisville. For more information on the celebration, contact Jennifer McMahon at 502-695-8222…
Read MoreFMSHRC Rules on Correct Standard for Approval of Settlements
On August 2, 2018, the Federal Mine Safety and Health Review Commission (“Commission”) issued a decision in Secretary v. The American Coal Company, Docket No. LAKE 2011-13, reiterating the correct legal standard to be applied by the Commission and its administrative law judges (“ALJs”) in reviewing proposed settlements. The Commission held that, in effectuating…
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