Wyatt, Tarrant & Combs, LLP

Wyatt, Tarrant & Combs is one of the South Central U.S. region’s largest law firms and traces its roots back more than 200 years. The Firm maintains an active national practice with five offices throughout Kentucky, Tennessee and Indiana. Organized into nine service teams and industry-focused practice groups, our structure enables efficient and effective delivery of legal services.

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By Mitzi Wyrick The Kentucky Court of Appeals and the Sixth Circuit Court of Appeals have both recently examined the issue of contractually-shortened statutes of limitations for employment claims. Both cases involved employment applications containing nearly identical statements shortening statutes of limitations to six months for any claims relating to the applicants’ employment. In Croghan, Administrator of the Estate of Amy L. Croghan v. Norton Healthcare, Inc., et al., decided by the Kentucky Court of…
By Michelle Wyrick According to the U.S. Equal Employment Opportunity Commission (“EEOC”), retaliation again leads the way as the most frequently filed charge for Fiscal Year 2019.  On January 24, 2020, the EEOC released its annual enforcement and litigation data, which showed retaliation as the leading charge, followed by disability discrimination, race discrimination, and sex discrimination. Sexual harassment charges comprised 10.3% of all charges, which is a slight decrease from the prior fiscal year.  Even…
By Mitzi Wyrick On January 12, 2020, the United States Department of Labor (“DOL”) updated its standard for determining who is a joint employer under the Fair Labor Standards Act (“FLSA”) for the first time in 60 years.  Under the FLSA, an employee may be employed by more than one employer, which puts each employer at risk for unpaid wages and overtime. The new joint employer standard specifies that when an employee performs work for…
By Sharon Gold Last month, the Department of Labor (“DOL”) published a Final Rule that revised certain regulations concerning the Fair Labor Standards Act (“FLSA”) regular rate requirements.  The Final Rule is effective January 15, 2020. Under the FLSA, non-exempt employees must be paid one and a half times their regular rate for overtime.  Which bonuses and perks to include in the regular rate has been confusing to employers for decades.  Despite the changing workforce…
By Marianna Michael The National Labor Relations Board (“NLRB” or “Board”) recently reaffirmed that a voluntary extension of the certification year will not bar decertification elections. The certification year is the one year period following a union’s certification after winning an election. During the certification year, the Board does not conduct an election in an effort to allow the union and the employer ample opportunity to negotiate a collective bargaining agreement. However, unions and employers…
By Sherry Porter Many employers sponsor high deductible health plans (HDHP) coupled with a health savings account (HSA) to provide group health insurance for their eligible employees.  In order to utilize an HSA, the individual must have coverage under a HDHP and have no disqualifying health coverage.  One issue that has arisen relates to the requirement that the HDHP generally cannot provide for any medical expense (except for preventive care) until the participant satisfies the…
By Roger Morris All STEM OPT employers need to be aware of reports that Immigration and Customs Enforcement (“ICE”) has begun random onsite inspections of STEM OPT employers. It is becoming increasingly important for any business that employs STEM OPT students to plan and train staff for the day ICE comes knocking at your door. “STEM OPT” is a reference to foreign graduates of U.S. universities who earned degrees in Science, Technology, Engineering, or Math…
By Glen Krebs.  Roger Morris, who recently passed the Kentucky Bar Exam, contributed to this article. Last month, the Department of Homeland Security (“DHS”) published a final rule set to go into effect October 15, 2019 governing the Immigration and Nationality Act’s provisions on public charge grounds of inadmissibility. The final rule redefines “public charge” and is vastly more restrictive than current policy. Many expect the rule change to result in significantly higher denial rates…
By Sharon Gold On September 27, 2019, the Department of Labor (“DOL”) published the much anticipated Final Rule that significantly raises the minimum salary for exempt workers from $23,660 to $35,568.  It is estimated that more than one million workers will either become eligible for overtime pay or have their salaries raised to meet the minimum.  The Final Rule is available here. We reported previously on the recent history of the proposed changes to
By Courtney Samford On June 25th , 2019, the Kentucky Unemployment Insurance Commission (“Commission”) announced a formal response to the Kentucky Court of Appeals’ holding in Nichols v. Kentucky Unemployment Insurance Commission that determined employers must have attorney representation during appeal hearings and proceedings.  The Commission has taken the position that while the case is on appeal before the Kentucky Supreme Court, “there will be no changes to the current practice of allowing representation by…