Louisville, Kentucky, August 17, 2023 — Abney Law Office, PLLC is pleased to announce that P. Stewart Abney has been included in the 2024 edition of The Best Lawyers in America® for Employment Law – Individuals and Litigation – Labor and Employment. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. “For more than 40 years, the rigorous methodology of Best Lawyers has ensured the integrity and esteem of our legal recognitions,” said Best Lawyers CEO Phillip Greer. “It is with great pleasure t ..read more

In a move towards fostering a more equitable labor landscape, the Federal Trade Commission (FTC) has proposed a ban on non-competition agreements. These agreements, often simply referred to as “non-competes,” have long been a contentious issue for workers, stifling their career growth and limiting their economic opportunities. The FTC’s proposed ban represents a crucial stride towards empowering employees and fostering a more dynamic, fair, and inclusive job market. Non-Compete Agreements in Kentucky Kentucky courts routinely enforce non-competition agreements against workers in the state.&nb ..read more

On March 3, 2022, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 into law.  The Act amends the Federal Arbitration Act and outlaws forced arbitration in sexual assault and sexual harassment cases.  Over the last two decades, employers have increasingly resorted to forced arbitration agreements to deny their employees the right to a jury trial in the event an employment-related dispute arises between them.  Many employers require new employees to give up their rights to a jury trial by signing arbitration agreements as a ..read more

P. Stewart Abney has been selected to the 2022 Kentucky Super Lawyers list. Abney was selected as a Kentucky Super Lawyer for Plaintiff’s Employment Litigation. This honor reflects Abney’s dedication to representing workers in Kentucky who have been wronged by their employers. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Super Lawyers, part of Thomson Reuters, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and profe ..read more

The minimum wage in Kentucky has remained stagnant at $7.25 per hour since July 24, 2009, when the federal government set the nationwide minimum pay level at that amount. Local media sources have recently reported that a group of Kentucky Democratic lawmakers will, once again, propose to hike the minimum wage for Kentucky’s workers in 2022. According to a recent study published by the Kentucky Center for Statistics, “[t]he [U.S. Bureau of Labor Statistics] estimates that 17,000 workers [in Kentucky] were paid at or below minimum wage during 2020. That represents 1.7 percent of Kentucky worker ..read more

The ministerial exception is a judicially created principle that stands for the proposition that the secular courts have no competence to review the employment-related claims of ministerial employees against their employing faith communities. Barring a Salvation Army employee’s Title VII claim, the Fifth Circuit, in creating the ministerial exception nearly fifty years ago, relied heavily on preserving church autonomy and not even peeking over the “wall of separation” between church and state. As stated in its more basic form, for the ministerial exception to bar an employment discrimination ..read more

The last time Kentuckians saw a hike in the minimum wage was 2009 when the federal minimum wage increased to $7.25 per hour. Since then, 29 other states and the District of Columbia have raised their minimum wages above the federally mandated rate of $7.25. The minimum wage is the lowest hourly rate employers are allowed to pay their non-exempt employees – the pay of exempt employees is controlled by different laws and regulations in the Fair Labor Standards Act and Kentucky Wage and Hour Act. However, on November 24, 2020, Senator Reggie Thomas of Lexington, pre-filled a bill with the Kentuc ..read more

P. Stewart Abney, of Abney Law, for the fifth year in a row, has been selected to the Kentucky Rising Stars list. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Mr. Abney has been named to the 2017, 2018, 2019, 2020, and now, 2021 Kentucky Rising Stars list. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented ..read more

Often, our clients who are pursuing disability discrimination claims under the American’s with Disabilities Act (“ADA”) or the Kentucky Civil Rights Act (“KCRA”), find themselves in the position of being forced to apply for disability insurance benefits after being wrongfully terminated. This raises an important question: Can I pursue my disability discrimination lawsuit even if I applied for and was granted disability insurance benefits? Qualified Individual with a Disability v. Total Permanent Disability One of the fundamental elements that a plaintiff must establish in a disability discrim ..read more

On November 3, 2020, the polls in Kentucky will open for a number of local and federal elections. While polling stations will run from 6 AM to 6 PM, there are still a number of Kentuckians whose work schedules could keep them from getting a chance to cast their ballots. To prevent this problem, Kentucky has laws in place providing rights and protections to workers who perform their civic duty on Election Day. Additionally, because of the ongoing challenges created by the COVID-19 pandemic, Kentuckians have several options to choose from when casting their ballots in addition to going to the p ..read more