Workers who are eligible for the Fair Labor and Standards Act (FLSA) are entitled to overtime pay. While the FLSA is a federal law, in Kentucky there is also an additional law that employers must adhere to. If you are a worker in Kentucky and you believe that you are owed overtime pay, it is important that you first understand how the law works in your state. When you understand what you are owed, you will be more empowered to take the appropriate action. The rules under the FLSA The FLSA Overtime Provision states that eligible employees must be paid 1.5 times their regular pay for the overtim ..read more

There are many different options to choose from when you set out to incorporate your business. One requirement that you must meet if you select most of these structures is that you have to either appoint a board of directors or officers for it. Those individuals that you appoint to these roles have some very important responsibilities. One of those is a duty of loyalty. Your corporation's officers or directors may face significant penalties if they breach this duty. The individuals that you appoint to officer or director roles in your company are considered to be corporate fiduciaries. This me ..read more

As a insurance industry professional, you've likely been trained as to what a bad faith insurance claim is. Even still, many insurers employ various tactics that they think that their customers won't readily identify as falling under the umbrella of "bad faith" when processing their claims. It can be helpful for you as an insurer to apprise yourself of what falls into this category of illicit activity so that you don't expose yourself to any unnecessary legal liability. A bad faith claim is best defined as a situation in which an insurer knowingly acts recklessly or unreasonably. If this resul ..read more

Although we're not shaking your hand, we welcome you and your want you to know what L&S is doing to keep you and our law firm safe from the coronavirus.  Sanitizing elevators, copiers, handrails and public areas Encouraging everyone to wash their hands frequently and providing hand sanitizer Asking everyone to avoid touching their eyes, nose and mouth with unwashed hands. Cough or sneeze into the inside of the elbow or use a tissue, then immediately discard the tissue in the trash. requiring everyone stay home if they are sick ..read more

There are many different types of investment opportunities that exist nowadays. There are your standard stocks and bonds and then there more nuanced investments such as the digital currency known as bitcoin. The responsibility falls on the party offering the investment opportunity to be forthright in disclosing what the value of its shares is. It's the responsibility of your portfolio manager to share that accurate information with you. Either party may be charged with securities fraud if the information that they give is inaccurate. One common type of securities fraud that many individuals ha ..read more

There are two main pieces of legislation addressing overtime here in Kentucky. There are state laws including Kentucky Rev. Stat. §§ 337.285 and 337.050. There's also the federal law known as the Fair Labor and Standards Act (FLSA). Each of the laws can be used by employers to guide them in knowing when to pay overtime. This same legislation can be used by employees to better inform themselves of their rights to compensation. The FLSA requires employers to pay their employees 1.5 times their regular hourly wage anytime that they work more than 40 weekly hours. Kentucky Rev. Stat. §§ 337.28 ..read more

Did you know that you could face discrimination in the workplace because of your spouse's religion? It doesn't matter if you hold the same religious beliefs yourself or not. The U.S. Equal Employment Opportunity Commission (EEOC) makes a direct point of defining this type of religious discrimination as just as illegal as if you faced discrimination based on your own religion. For instance, maybe you work at a company where most people follow the same religion. You're also of the same persuasion. When you started dating your spouse, some people even expressed concern. You weren't too worrie ..read more

No one ever chooses to get sued, but those who own companies realize that often it's just a consequence of running a business. Regardless of the basis of the legal action, how the company handles the fallout can determine the trajectory of the incident. If a company owner feels that they are the wronged party, their impulse may be to jump on social media sites and defend their position. This is almost a universally bad idea. It may be appropriate to issue an official, carefully-parsed statement regarding the situation. This should be done only after a consultation with your attorney. But t ..read more

One of the most important things that business owners can do is to reduce risk and liability. The only way that they can do this effectively is by fully understanding the law and using it to inform their decisions. In many cases, businesses can suffer losses due to the unlawful and negligent actions of their employees. The actions of an employee could mean that the business will need to undergo costly litigation. If you are worried about this happening to your business, you must be aware of how this can occur. Accidents that occur on the job In many cases, when an employee is involved in a ..read more

Generally speaking, if there is a rear-end accident, it's the fault of the second car -- the one in the back. Even if that first driver slammed on the brakes and "caused" the crash, the second driver is legally obligated to have enough space to stop in time. If they can't, then they were following too close. There are exceptions, though. What if someone cuts off a semitruck? It's a serious problem, in part because many people do not understand how different a semi is from a small passenger car. Experts note that it takes more time for a semi to stop and that the truck will cover more dista ..read more