Sam Nicholson Law Office, PLLC Sam Nicholson Law Office, PLLC 2022-06-01T12:56:42Z https://www.nichfirm.com/feed/atom/ WordPress /wp-content/uploads/sites/1600175/2020/07/cropped-3423105_Site-Icon-Favicon-final-32x32.png On Behalf of Sam Nicholson Law Office, PLLC <![CDATA[Pursuing more than lost wages in a discrimination suit]]> https://www.nichfirm.com/?p=71369 2021-05-11T05:51:35Z 2021-05-20T11:00:34Z The two forms of emotional distress When pursuing an emotional distress claim, the two legally recognized forms are negligently or intentionally inflicted emotional distress, and are each determined by the state of mind of the alleged perpetrator:
  1. In a claim of negligent infliction of emotional distress (NIED), the plaintiff must prove that the defendant had a duty of care to avoid causing emotional distress to the employee, that they willfully or negligently violated that duty, and that this caused emotional distress to the victim.
  2. In a claim of intentional infliction of emotional distress (IIED), also called the “tort of outrage”, the elements needed to prove this charge are that the defendant acted intentionally or recklessly, that their conduct was extreme, that their actions caused the employee mental distress, and that the distress was severe.

Pursuing emotional stress damages

In Kentucky, there are both federal and state protections against workplace discrimination that allow employees to recover monetary compensation for pain and suffering. The range of harms due to emotional distress can include:
  • A psychiatric condition such as anxiety or depression
  • Sleeplessness
  • Loss of enjoyment of life or strained personal relationships
  • Reputational harm
Proving emotional distress damages may require the testimony of friends or family or a medical professional, and strong medical evidence or testimony will strengthen the claim. Usually, the more substantial the evidence in support of the claim is, the higher the award for damages will be. There are risks to filing such a claim which include exposing the employee’s personal or medical history, especially if the employer’s attorney requests information on any past psychological history, asserts other causes for the employee’s distress such as a recent divorce, or suggests that the claim is exaggerated. Consulting a compassionate legal advocate serving the Louisville community will help you to develop the best strategy to address compensation for the workplace discrimination that you have suffered.  ]]> On Behalf of Sam Nicholson Law Office, PLLC <![CDATA[What are my protections from workplace discrimination?]]> https://www.nichfirm.com/?p=71366 2021-05-11T05:41:28Z 2021-05-11T05:41:22Z Where do I file a claim? If an employee feels that they have been discriminated against at work due to their race, sex, color, religion, age, national origin, disability or genetic information, they can file charges at the federal level through the Equal Employment Opportunity Commission (EEOC). The filing is required before a discrimination lawsuit may commence. An agency, union or individual may also file this charge on behalf of the injured party. Because formal discrimination charges are very serious, a staff member will usually hold an interview with individuals who are filing claims in order to assess whether or not the case has merit, or if this is the best route to take for their unique situation.

What are the time limits for filing?

The limit for filing a charge with the EEOC is usually 180 calendar days from the reported incident of discrimination. However, this may be extended to 300 days if there are state or local agencies that also prohibit the employment discrimination on the same basis. If there has been more than one incident of discrimination, a similar deadline usually applies for each incident reported. In a situation where, for example, the employee has been demoted and then fired, in order for the sequence to have a causal connection, the injured party must file a charge for each incident and within the deadline of each occurrence. As many states have their own anti-discrimination laws, there are local Fair Employment Practices Agencies, or FEPAs, where individuals may file. By filing a charge with a FEPA, the EEOC will be dual-tracked if the alleged offense triggers federal laws.

What discrimination protections are there in Kentucky?

The Kentucky Civil Rights Act prohibits discrimination against an employee on the basis of race, color, religion, national origin, sex, age 40 and over, disability, or because the individual is a smoker or nonsmoker as long as they are compliant with workplace policy. For Louisville residents, when taking the first important steps toward fighting for your rights, it is important to have an experienced and reputable employment law attorney by your side who will keep your best interests in mind.]]> On Behalf of Sam Nicholson Law Office, PLLC <![CDATA[Minimum wage raised for federal contractors]]> https://www.nichfirm.com/?p=71361 2021-05-03T21:20:40Z 2021-05-03T21:16:24Z The raise applies to employees who are working in connection with federal contracts. Once the rule goes into effect, employers who have a procurement contract with the federal government worth $10,000 or more must pay their employees at least $15 an hour by January of next year.

Wide-reaching change

The new rule will affect employers and employees in many industries, including construction and food and retail companies that have concessions with the federal government. Another feature of the new rule is that the minimum wage for these workers will be indexed to inflation, so that it will rise as the cost of living increases. In another provision, the executive order will begin to phase out a reduced minimum wage for workers who receive tips. This reduced minimum will rise over the next few years, and catch up with the $15 minimum in 2024.

Low minimum

While the executive order is good news for many workers all over the country, the federal minimum wage still stands at $7.25 per hour -- the number it has stayed since 2009. Some states and local governments have increased the minimum within their borders, but Kentucky has not yet followed suit. To make matters worse, many employers cheat their employees -- even their lowest-paid workers -- by refusing to pay them all that they are owed. Employers often fail to pay their workers overtime and other types of payment that are required by law. When this happens, workers may have the option of taking legal action. These cases are sensitive and not always easy to win, but they can be vital ways for workers to get the wages and benefits they deserve. Workers who feel they are being ripped off can speak to a knowledgeable employment law attorney about their options.]]> On Behalf of Sam Nicholson Law Office, PLLC <![CDATA[What is wrongful termination?]]> https://www.nichfirm.com/?p=71357 2021-04-26T05:42:35Z 2021-04-27T05:00:22Z What is wrongful termination? It can be illegal to terminate an employee in certain circumstances such as if doing so would violate an employment contract or agreement or violate a federal or state law. One example is that firing an employee because of their religious beliefs would violate federal civil rights laws. Other examples of wrongful termination based on discrimination can include firing an employee based on their race, color, national origin, sex, disability or pregnancy. It addition to being illegal to fire an employee on the basis of discrimination, it can also be illegal to fire them in retaliation for certain activities which can be considered wrongful termination. Employers are prohibited from firing employees as a form of retaliation such as firing an employee for complaining about wage and hour violations. It can be illegal to fire an employee for engaging in certain protected activities such as informing an employer of discrimination or harassment, filing a complaint with the Equal Employment Opportunity Committee (EEOC), taking permitted medical leave, reporting violations of environmental regulations or safety laws or engaging in voting or jury service.

Protections under the law

Employment law provides many essential protections for workers to ensure they are not discriminated against, wrongfully terminated or illegally retaliated against. Workers should be familiar with what their employer can and cannot do and how they are protected in their workplaces.  ]]> On Behalf of Sam Nicholson Law Office, PLLC <![CDATA[Is my employer allowed to keep a part of my tips?]]> https://www.nichfirm.com/?p=71354 2021-04-19T06:07:18Z 2021-04-19T06:07:11Z Can my employer keep a portion of my tips? Under Kentucky law, employers cannot require workers to remit part of the tips they receive, except for what is required to be withheld by state or federal law. For the purposes of this laws, tips include voluntary monetary contributions received by a worker from a guest, patron or customer for the services performed. So, except for state and federal withholdings, employers cannot require workers to pay them a portion of their tips.

Is tip pooling legal?

Under Kentucky law, tip pooling is legal. Tip pooling means that employees gather or “pool” part or all of their tips, which are then distributed among all eligible employees. However, involvement in a tip pool must be voluntary, and the agreement to pool tips must be made by the employees. Employers can let employees know a tip pool exists, but they cannot set up the tip pool or force an employee to contribute to one.

Learn more about wage and hour violations in Kentucky

Whether you are a server, a delivery person, a hair stylist or one of the many other workers in Kentucky who receives tips, it is important to understand your rights with regards to keeping the tips you worked hard to earn. This post is for educational purposes only and does not contain legal advice. Those in Kentucky who have further questions about their wage and hour rights may find our firm’s website to be a useful resource.  ]]> On Behalf of Sam Nicholson Law Office, PLLC <![CDATA[How do you define a hostile work environment?]]> https://www.nichfirm.com/?p=71351 2021-04-01T04:16:15Z 2021-04-01T04:16:09Z survey of U.S. employees revealed that slightly more than half are currently looking for a new job or are open to a new one, and 70% of them cite the work environment created by the manager as contributing to worker disengagement.

Legal requirements for a hostile work environment

Job dissatisfaction and disengagement alone are not grounds for filing a discrimination suit, however. A hostile work environment claim is defined under federal law as a workplace discrimination claim that can be due to:
  • Sexual harassment
  • Age discrimination
  • Disability discrimination
  • Title VII violations, including discrimination based on race, color, religion, national origin or genetic information
In addition, retaliation against an employee is considered hostile, as are physical and verbal assaults, ridicule and slurs. What behavior, actions or communication are legally defined as discriminatory is guided and monitored by the Equal Employment Opportunity Commission (EEOC), created under the Civil Rights Act of 1964.

Employer liability

Work conditions in which intimidation, verbal or physical abuse, or in other ways oppressive conditions, create an insufferable work environment are often due to the actions, attitude or encouragement of the employer. Employers can face liability under both federal and Kentucky law for either being the source of discrimination or for creating hostile work conditions. Remedies can include monetary compensation for:
  • the cost of searching for a new job,
  • loss of pay,
  • medical bills,
  • pain and suffering.
Punitive damages can also be asserted that will punish the employer so that it won’t happen to another employee in the future. Finding an experienced employment law attorney who will aggressively fight for workplace accountability if you have been in a hostile work environment is the first step toward justice and healing.]]> On Behalf of Sam Nicholson Law Office, PLLC <![CDATA[What is the FLSA?]]> https://www.nichfirm.com/?p=71348 2021-03-17T06:25:59Z 2021-03-17T06:25:51Z FLSA requires that:
  • Covered, nonexempt workers are paid the federal minimum wage of $7.25 per hour. The minimum wage in Kentucky is also $7.25 per hour.
  • Covered, nonexempt workers are paid overtime wages at a rate of one and one-half times their regular rate of pay for all hours worked over 40 per workweek.
  • Employers count all hours spent on employer premises, on duty, or at a prescribed workplace as employee hours worked.
  • Employers keep records of employee hours and pay.
  • Employers display a poster specifying FLSA requirements.
The FLSA also includes federal child labor provisions to set work restrictions for young people and ensure a safe environment for young workers.

Employers may violate the FLSA

Employers do not always follow the law when it comes to paying their employees. In fact many employers commit wage and hour violations by:
  • Misclassifying employees as exempt
  • Failing to keep accurate records of employee hours
  • Miscalculating overtime or refusing to pay for unapproved overtime
  • Docking employee hours
  • Failing to pay for mealtimes/breaks
  • Failing to pay for work done ‘off-the-clock’
If you are not getting paid properly by your employer, it may be in your best interest to consult with an employment law attorney in your area. Your attorney can review your case and help you recover the compensation you deserve.  ]]> On Behalf of Sam Nicholson Law Office, PLLC <![CDATA[What does employment discrimination look like?]]> https://www.nichfirm.com/?p=71340 2021-03-01T09:28:43Z 2021-03-03T12:00:37Z employment discrimination. To do that, workers should also be familiar with what workplace discrimination looks like and their rights.

What is workplace discrimination?

Workplace discrimination includes treating employees differently, or unfavorably, for some reason. Employment discrimination can include:
  • Unfair treatment on the basis of the employee’s race; color; religion; sex or sexual orientation; gender, gender identity or pregnancy; national origin; disability; age for those over the age of 40; or genetic information.
  • Harassment by managers, co-workers or others in the workplace due to the employee’s race; color; religion; sex or sexual orientation; gender, gender identity or pregnancy; national origin; disability; age for those over the age of 40; or genetic information.
  • Denial of any reasonable workplace change or accommodation requested because of the employee’s religious beliefs or disability.
  • Improper questioning or disclosure of the employee’s genetic information or medical information.
  • Retaliation against the employee because the employee made a complaint about job discrimination they were experiencing or because they assisted with a discrimination complaint, proceeding, investigation or lawsuit.
Employees need to be able to spot employment discrimination when it is occurring and should know that they do not have to put up with it. Knowing how they are protected is essential for employees to be familiar with in their workplaces. Employment law can provide important protections to workers to help keep them safe and secure in their workplaces.  ]]> On Behalf of Sam Nicholson Law Office, PLLC <![CDATA[Understanding sexual harassment in the workplace]]> https://www.nichfirm.com/?p=71343 2021-03-02T06:19:36Z 2021-03-02T06:19:30Z harassment of a sexual nature or unwelcome sexual advances. It applies to employers with 15 or more employees and to applicants or employees. It is also against the law to harass a person by making offensive comments about a person’s sex in general. It does not have to be harassment from one gender to a different gender, either. The harasser can be male or female or they can be the same sex. It can include harassment from co-workers, the employee’s supervisor, a business client or customer or an employee in another area of the organization.

Hostile work environment

While teasing, offhand comments or other incidents may not rise to the level of harassment, the behavior becomes illegal when it is so frequent or severe that it creates a hostile or offensive work environment. A hostile work environment may include behavior that is intimidating or abusive and affects the employee’s work. Harassment may also be evident where it results in an adverse employment decision. This may include the victim being fired or demoted. It’s understandable that employees may not know where to turn if they are harassed in the workplace. An attorney can provide guidance and advice about how to address the situation.]]> On Behalf of Sam Nicholson Law Office, PLLC <![CDATA[Protections from pregnancy discrimination in the workplace]]> https://www.nichfirm.com/?p=71337 2021-02-22T12:10:54Z 2021-02-22T12:10:48Z pregnancy discrimination.

Pregnancy discrimination prohibitions

Pregnancy-based discrimination prohibitions include:
  • Employers are prohibited from maintaining any employment policy or practice that excludes applicants for employment based on pregnancy;
  • Employers are prohibited from maintaining any employment policy or practice that denies terms, conditions, or privileges of employment to any employee based on pregnancy, childbirth or a related medical condition;
  • Pregnant employees must be permitted to perform their job for as long as they are able to do so;
  • Employers are prohibited from singling out pregnancy or related conditions for special procedures to determine the employee’s ability to perform their work;
  • Employers are prohibited from making employment decisions related to an employee’s work performance based on a stereotype or assumption concerning the employee’s pregnancy; and
  • Employers are prohibited from terminating employment, denying assignments or denying promotions to an employee because of pregnancy, childbirth or a related medical condition. They are also prohibited from taking actions such as denying training, cutting hours, offering less desirable hours or other benefits of employment based on pregnancy, childbirth or a related medical condition.
Pregnancy discrimination is a form of gender discrimination that is prohibited in the workplace. It is important for pregnant employees, those considering pregnancy or pregnant applicants to be familiar with these protections is they believe they have been discriminated against in the workplace or hiring process.]]>