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Hemmer DeFrank Wessels PLLC
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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

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HIPAA – Do you have $475,000 to spare? Timely Breach Notification

Written By: Janie Ratliff-Sweeney If you (or your organization) provide health care, it is likely that you are considered a “Covered Entity” and must comply with the federal privacy rule more commonly known as “HIPAA”. One component of HIPAA requires covered entities to notify patients in a timely manner if the covered entity experiences a Read More

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Doctors Treating Patients with Suboxone — New Reporting Requirement

Written By: Janie Ratliff-Sweeney Those practitioners who are approved to treat up to 275 patients addicted to opioids with suboxone must take heed of the new reporting rule that goes into effect October 27, 2016.  The new reporting rule requires doctors who are authorized to treat the higher patient limit of over 100 (but not Read More

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How to Defeat the Dreaded “Pay-if-Paid” Clause

  Written By: Kyle M. Winslow In the context of a subcontractor contract for a construction project, pay-if-paid clauses allow a general contractor to not pay a subcontractor if the owner did not pay the general contractor. While the pay-if-paid clause has not been adopted by the AIA, the typical clause will look something like Read More

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Key Considerations Before Mediation of a Business Dispute

Written By: Todd V. McMurtry Today most courts require that litigants attempt to mediate a resolution to their dispute before the court will set the matter for trial. For this reason, it is critical that the parties evaluate a number of key variables before they go to mediation.  Here is starting point for the process. Read More

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Coming Soon: Major Changes to the Fair Labor Standards Act that Promise to Impact Nearly Every Kentucky Business

Written By: Kyle M. Winslow The Fair Labor Standards Act (“FLSA”) requires that most employees be paid at least the federal minimum wage for all hours worked and overtime pay at time and one-half the employee’s regular rate for hours worked over 40 in a workweek. Section 13(a)(1) of the FLSA, however, provides an exemption Read More

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The Risk of Party Incapacity During Mediation

Written By: Todd V. McMurtry Most lawsuits today are settled through mediation.  For this reason, a lawyer’s skill at managing the mediation process is more critical than ever.  So, a lawyer has to be prepared for the unexpected.  Take for example, a client that has become incapacitated.  Time and circumstance may cause a client who Read More

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Kentucky’s Child Support Guidelines: A Guide for Higher-Income Parents

Written By: Justin Whittaker There are two competing concerns when addressing child support payments when the parties involved collectively enjoy a high monthly income: the needs and lifestyle of the children, and whether a large calculation of child support would be a windfall to the custodial parent, offering no benefit at all to the children.  Read More

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The Three Best Ways to Stay Out of Court

Written By: Todd V. McMurtry Foreclosures, criminals and divorces combined with chronic understaffing have clogged the courts.  If you have not been involved in a lawsuit in the past ten years or so, you should count your blessings.  In my opinion, because many states are functionally insolvent, they have understaffed and underfunded their courts.  The Read More

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Your Commercial Tenant Stiffs You on the Rent. Now What?

Written By: Justin Whittaker What happens when your previously reliable commercial tenant stiffs you on the rent?  If you are a commercial landlord in Kentucky, you’ve likely had to grapple with this question.  If you are a commercial landlord who has not yet faced this issue, give it time; you’re up next.  All landlords have Read More

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