Blog Posts
WKT 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 MoreTips for Your Company’s Emergency Action Plan (“EAP”)
If you have more than 10 employees, the Occupational Safety and Health Administration (“OSHA”) requires that your company’s Emergency Action Plan (“EAP”) be in written form. What are the minimum requirements of an EAP? 29 CFR § 1910.38(c) requires that an EAP include: Means of reporting emergencies; Evacuation procedures and escape routes; Procedures for employees…
Read MoreThe Ministerial Exception: An Important Defense for Religious Employers
In our representation of religious institutions, inquiries regarding the ministerial exception and its implications in employment law often arise. The ministerial exception grants individuals performing ministerial duties exemption from certain discrimination laws, such as those related to age, sex, and disability. Remarkably, ministerial credentials are not mandatory, but the job position must play an integral…
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…
Read MoreOSHA: “Five Contractors Cited Following Fatal Kentucky Shipyard Explosion”
“OSHA cited five contractors for safety and health violations after three employees were fatally injured and two others critically injured following an explosion on board a towboat. The five companies collectively received 55 violations with proposed penalties totaling $795,254. The employers were ship repair contractor First Marine, LLC, which has been placed in the agency’s Severe Violator…
Read MoreSixth Circuit Rules on Appointment of FMSHRC ALJs
On July 31, 2018, the United States Court of Appeals for the Sixth Circuit issued a decision in a case Noelle Holladay True from our firm is handling, Jones Brothers, Inc. v. MSHA, Case No. 17-3483, ruling that the Federal Mine Safety and Health Review Commission (“Commission”) did not properly appoint the administrative law judge…
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