Business Law | Williams Kilpatrick, PLLC

Online Legal Services: What You Should Know

At Williams Kilpatrick, we know that opening and running a business takes time… and money. Many people look to online legal services to save money, but in the long run, small business owners may learn the hard way: you get what you pay for. The quality of such services has changed, largely for the better,…

KY 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…

The 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…

FMSHRC 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…

Sixth 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…

Worker Misclassification: Employees Vs. Contractors

There are many points of focus for business owners and managers in all industries. We routinely handle employment matters, from pre-hire through termination and all issues in between. One of those is employee misclassification, noted by Forbes as a distinct and growing problem. This is true even for the most careful employer acting in good faith…

America’s Mining Industry: Dynamic, Complex And Ever-Evolving

In the intricate tapestry of American industries, few are as dynamic and rapidly evolving as mining. At Williams Kilpatrick, PLLC, we encapsulate the essence of mining in the 21st century with a single word: turbulent. While coal mining may be the initial image that comes to mind for those less acquainted with the industry, the…

Are Noncompete Agreements Relevant To Your Kentucky Business?

In the ever-evolving landscape of business in Kentucky, employers face an array of challenges across industries, with employment law taking center stage. At our firm, we acknowledge the increasing complexity of employment laws. The laws governing employment grow more complicated and confusing every day. Our commitment extends to assisting diverse businesses throughout Kentucky in navigating…