VanAntwerp Attorneys, LLP
Phone: 606-618-0698

Ashland, Kentucky, Legal Blog

Limit taxation and the potential for argument with an estate plan

It's easy to ignore the need for an estate plan. You're busy and it doesn't seem that urgent, right? Yet we all know that we could end up needing an estate plan without warning.

One thing that might motivate you to take care of the issue is to understand the benefits you are providing to your loved ones. Not only could you save them money by limiting unnecessary taxes, but you could also save them heartache and disputes. You could even keep your loved ones from squandering what you leave them.

Court: NLRB was wrong to strike down positive workplace policy

Can you require your employees to be positive? Can you prohibit them from arguing, or mandate that they engage in appropriate teamwork?

When T-Mobile USA, Inc., put those and other terms of employment in its employee handbooks, the National Labor Relations Board found that the terms tended to discourage unionization or concerted activity that was reasonably related to improving working conditions. The agency therefore ruled that the provisions violated the National Labor Relations Act.

What remedies are available after a breach of contract?

Whether it affects your home or business, a breach of contract is frustrating. You've gone to the trouble of identifying a good prospect and negotiating a favorable deal only to have the other party fail to fulfill the bargain.

Now you'll have to go through the trouble and expense of finding another solution. Unfortunately, the party you originally chose may really have been your best bet. You may have chosen them because they entered the lowest bid -- or they might be a premier provider able to provide services others don't. Whatever the case, you need the job done and you need it done right.

Can Kentucky employers ask for notice of guns in the parking lot?

Under Kentucky statute KRS § 237.106, employers can't prohibit people who are legally entitled to possess firearms from storing them in vehicles parked on the employer's property. If an employer takes any negative job action against an employee for legally having a firearm in their vehicle, the employer can be held liable for civil damages.

Does that mean that employers can't regulate firearms in workers' cars at all? No, said a federal court in the Eastern District of Kentucky.

Employee or independent contractor: New program allows easy IRS changes

Employers can get into hot water with a number of agencies when they willfully classify workers as independent contractors, when, in fact, under IRS rules the worker is very much an employee. Things to look for are whether or not the worker actually has control over their employment decisions.

For example, if the worker has little choice in where they work (at home or in the office), is performing job duties that are usually and customarily performed by employees, and is expected to attend meetings that are mandated for employees, that worker may be a de facto employee. Classify your worker in the wrong category and you could face stiff fines, penalties and back taxes.

A high-stakes legal battle between employers and employees

As a condition of being hired, can employers mandate that new employees waive their rights to pursue class action lawsuits?

More businesses are requiring newly hired staff to sign agreements mandating individual arbitration to resolve workplace disputes. The growing trend is in response to an increase of employees collectively filing lawsuits over unpaid wages.

Is a family leave controversy brewing at Starbucks?

Countless movies and television shows have depicted a lone underling facing off against a group of corporate bigwigs, pleading their case for change. Recently, the classic “David vs. Goliath” dynamic played out in real life at an annual meeting of Starbuck’s shareholders.

A company barista who recently had a child confronted executives at Starbucks’ yearly gathering. Speaking for what has become a vocal group of peers and store managers who ply their trade in individual locations, she demanded more paid leave for her and other new parents.

Can you fire someone on FMLA leave?

If you're an employer looking to avoid lawsuits over FMLA leave, it can be tempting to believe that employees who are out on leave are "untouchable," and that altering their employment status for any reason could land you in hot water. But in fact, employees who take FMLA leave don't have any more protection against termination than other employees who didn't take FMLA leave. In other words, you as an employer are still allowed to terminate employees who take FMLA leave, as long as that termination has nothing to do with the fact of the employee taking leave in the first place.

50 employees, 12 months

The strangest of bedfellows: Social media and the workplace

Modern technology allows easy access data with a tap, swipe or keyboard press. Adding social medial to that mix has created a two-way street. Facebook and Twitter provide friends, family and perfect strangers information into likes, dislikes and beliefs, controversial or otherwise.

Today, people seem to go from screen to screen when accessing, laptops, tablets, smartphones and even smart TVs. Yet, smart is not a word to describe the way many social media enthusiasts use their online platforms/soapboxes.

The rise of the never-married and its effects on divorce rates

While considering divorce is not part of marriage planning, most couples know that they are entering a 50/50 proposition. Long-held assumptions continue that half of marriages will end in dissolution.

An August Pew Research Center survey of 4.971 U.S. adults confirmed that long-held belief. Over the past twenty-five years, the number of married U.S. adults has shrunk by nine percent. That slide goes back to 1960, a year that represented a peak of 72%.

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