Recent Blog Posts

What’s Included in the Kentucky State Plan for Occupational Safety and Health?

The Kentucky State Plan for Occupational Safety and Health has been in effect for more than 30 years. It applies to all private-sector workplaces in the state, with a few exceptions. These exceptions include: Maritime jobs, such as shipyard employment, longshoring and marine terminals Employment at military bases, Tennessee Valley Authority facilities and other properties… Read More »

Employer Responsibility for Workers’ Compensation in Kentucky

The Kentucky Workers’ Compensation Act (WCA) lists the requirements for employers related to workers’ compensation. The benefits themselves are administered by the Kentucky Department of Workers’ Claims (DWC), which also enforces each employer’s compliance with the WCA. The vast majority of employers in Kentucky must comply with the WCA. Employers are subject to the legislation… Read More »

What Does Kentucky Law Say About General Contractor Liability for Faulty Construction?

How much liability, if any, do general contractors have for faulty construction when subcontractors are also involved in a project? The answer to this question depends not just on the circumstances of the case but also on the state where the project is taking place. In recent years, Kentucky law has been tougher on general… Read More »

What Are Deceptive Trade Practices, and How Are They Covered Under Kentucky Business Law?

The term “deceptive trade practices” encompasses any type of advertising or labeling intended to somehow mislead or deceive consumers. Kentucky has extensive consumer protection laws — in addition to federal laws — to protect consumers from suspicious or disingenuous advertising and sales tactics. There are also mechanisms to punish companies that engage in these practices…. Read More »

Kentucky Law Places Limitations on the Interest Rates Lenders Can Charge

Banks and other loan providers in Kentucky must follow strict state laws regarding the interest rates they may charge. What follows is a brief summary of interest rate laws in the state. Legal maximum rates and judgment rates In Kentucky, the maximum legal interest rate is 8 percent, unless the parties agree otherwise. Even in… Read More »

How Can Kentucky Employers Use Arrest and Conviction Records?

Job hunting can be difficult for a person with a criminal record. There are federal and state protections that can make matters a little easier for these individuals. In Kentucky, job applicants do not have to disclose any expunged records on their employment applications. However, the state does not prohibit employers from considering arrests and… Read More »

Kentucky’s Pro Hac Vice Procedure

Written By: Kyle M. Winslow Today, appearance of lawyers on a pro hac vice basis is more common than ever.  Our law firm serves as local counsel for out-of-state attorneys in a variety of litigation cases.  Additionally, we often work with local counsel who serve our clients in other jurisdictions.  Because of the time-sensitive nature… Read More »

Beware! Kentucky’s Rules on the Unauthorized Practice of Law are Strict

Written By: Todd V. McMurtry As a Kentucky lawyer, who lives on the Ohio border, I have seen Ohio lawyers, not licensed to practice law in Kentucky, “cross the river” to handle Kentucky cases. I have always cautioned these lawyers to tread carefully as Kentucky’s rules that govern the practice of law are stricter than… Read More »

I Know You’re Tired of Hearing About HIPAA, But Let Me Tell You a True Story:

Written By: Janie Ratliff-Sweeney True Story:  I recently met with a client who had a disgruntled ex-employee file a complaint with the Office of Civil Rights (the enforcement arm of the HIPAA Privacy and Security Rules) alleging violations of the HIPAA Privacy Rules by the client.  The client had experienced an inadvertent disclosure of protected… Read More »

Should Mediators Be Credentialed?

Written By: Todd V. McMurtry I recently spoke at the Kentucky Bar Association’s Kentucky Law Update on behalf of the Alternative Dispute Resolution Section. One of the topics I addressed related to whether mediators should be credentialed. In general, the concept of requiring a mediator to be credentialed is similar to a lawyer being licensed… Read More »

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