Kentucky

Was Racetrack Chaplain an Independent Contractor or an Employee? 

race horses

  From HR Daily Advisor, Charles Bradley discusses a recent Kentucky case in which a chaplain for a racecourse was found to be an independent contractor.  Charles writes: Facts “Howard” started working as a chaplain at Keeneland’s racecourse in 1999. As chaplain, he was charged with ministering to track employees, leading Sunday services during race meets,…

Kentucky Supreme Court Opens the Door to State Wage and Hour Class Actions

Kentucky map

  From JDSupra, Wendy Miller discusses a recent Kentucky Supreme Court case that will permit class action lawsuits for wage and hour claims.  Wendy writes: On August 24, 2017, the Supreme Court of Kentucky issued its long-awaited decision in McCann, et al. v. The Sullivan University System, Inc., No. 2015-SC-000144-DG (2017), surprising many by overruling the Court of…

State Supreme Court hears arguments in hospital case

Doctors performing surgery

From the Glasgow Daily Times, Ronnie Ellis reports on a case in which a hospital was alleged to be liable for injuries to a patient caused by a physician who was an independent contractor. Ronnie writes: Adams subsequently alleged she suffered paralysis in one leg as well as foot problems and knee pain and sued…

Kentucky joins feds’ misclassification fight

Kentucky

From Staffing Industry Analysts, Kentucky has joined the Department of Labor’s initiative.  The SIA reports: “Kentucky signed a three-year memorandum of understanding to crack down on misclassification of employees as independent contractors, the US Department of Labor reported. The announcement follows the release yesterday of an “administrator’s interpretation” by the Department of Labor on how…

New bill imposes penalty on Kentucky construction contractors who misclassify employees

Kentucky

From Lexology, Steven A. Brehm of Bingham Grennebaum Doll LLP writes about Kentucky legilsation that was introduced to increase the penalties on construction contractors who misclassify workers as independent contractor instead of treating them as employees.  He writes: “The bill would create a presumption that a person who performs services for a contractor is an employee.…