Louisville Employment Law Blog

Disabled Kentuckians have the right to work just like those who are not disabled. However, even with greater attention paid to worker rights and fairness, disability discrimination continues to be a problem. Workers who are confronted with this type of mistreatment might have a vague notion of what constitutes disability discrimination, but are not completely sure the behavior meets the criteria. They are commonly constrained by a lack of knowledge about how it can be addressed. When this is of concern, having legal assistance is vital.

The Americans with Disabilities Act of 1990 (ADA) provides certain protections and accords reasonable accommodation to disabled workers. When a person is disabled and can do a job, there can be no job discrimination because of the disability. A person will be considered disabled if there is a physical or mental impairment that presents a substantial limitation for major life activities. If the person has a history of being disabled or an employer believes the person is disabled, ADA provides protection even if there is no diagnosed disability. There must be a substantial impairment to be protected the ADA. This is an impairment that hinders or prevents activities related to the senses, the ability to walk, breathe, complete manual tasks, care for oneself, learn or work.

Kentucky workers have the right to be paid a fair amount that complies with state law for work they have done. With the changes to the law for minimum wage, workers are now earning more than they did in the past. However, questions are frequently asked about overtime, how much they are supposed to receive, and who can receive it. Knowing the law for overtime is critical to getting what they deserve. If there is a dispute over wage and hour claims, having legal help is essential.

In Kentucky, workers are to be paid 1.5 times what they earn hourly in a 40-hour workweek. It is important for workers to note that there is no overtime requirement for workers who work beyond eight hours a day on a holiday or a weekend. In addition, employees are required to receive 1.5 times their regular pay in overtime if they work for seven days in one workweek. Supervisors are not subject to this rule. Others are exempt based on the work they do. That includes those who are salaried professionals; people who work in residential care and provide 24-hour service; restaurant, hotel and motel employees; retail and sales workers; and those who work in administrative jobs.

Despite the recent attention paid to people who have been confronted with sexual harassment in the workplace and steps to put a stop to it, it is an unfortunate reality that the behaviors that constitute sexual harassment continue. For people in Louisville and throughout Kentucky, this can have a negative impact on how they do their job. It might even force them to leave if they are unable to function and nothing is done to put a stop to it by their employer. One avenue to deal with the issue is to contact a law firm that specializes in helping employees with their work-related issues including sexual harassment.

Several women at a nursing home allege that a man who worked with them committed multiple acts of sexual harassment and even assaulted some of them. The women have filed a case seeking compensation for what they say occurred. According to them, the man committed these acts over the last two years. Their civil lawsuit names the man and the facility.