Kentucky Injury Lawyer Blog

Bank of America Corp., the nation's largest bank by assets, has been sued in federal court-- accused of not paying its employees proper overtime and other wages.

According to a complaint filed in the United States District Court, District of Kansas, Bank of America requires employees to work more than eight hours a day or 40 hours a week, yet does not pay them both for overtime and for all straight time worked.

The complaint also accuses the company of requiring employees to work during unpaid breaks, failing to provide meal and rest breaks, and failing to timely pay terminated employees for earned wages and accrued vacation time.

Vanessa Cantley, attorney and partner at Bahe Cook Cantley & Jones, is representing current and former employees of Bank of America in claims against the company for violating the Federal Fair Labor Standards Act and state laws. She comments: "It is infuriating when any company exploits its workers and violates wage and hour laws. We believe Bank of America has made millions of dollars of ill-gained profit at the expense of its hourly employees and systematically failed to provide proper working conditions for them. They must be held accountable. I will be asking a judge to put a stop to Bank of America's illegal conduct. I will also be seeking monetary damages to compensate my clients and punitive damages to punish the company for years of intentional exploitation of its workers."

To learn more about the lawsuit filed against Bank of America, please call Vanessa Cantley directly at (866) 587-0002, or e-mail her by clicking here.

Most people don't know what an employer can and cannot ask a job applicant during an interview when it comes to that applicant's medical history.

The ADA places restrictions on employers when asking job applicants to answer medical questions, take a medical exam, or identify a disability.

An employer may not ask a job applicant, for example, if he or she has a disability (or about the nature of an obvious disability). An employer also may not ask a job applicant to answer medical questions or take a medical exam before making a job offer.

An employer may ask a job applicant whether they can perform the job and how they would perform the job. The law allows an employer to condition a job offer on the applicant answering certain medical questions or successfully passing a medical exam, but only if all new employees in the same job have to answer the questions or take the exam.

Once a person is hired and has started work, an employer generally can only ask medical questions or require a medical exam if the employer needs medical documentation to support an employee’s request for an accommodation or if the employer has reason to believe an employee would not be able to perform a job successfully or safely because of a medical condition.

The law also requires that the employers keep all medical records and information confidential and in separate medical files.

Vanessa Cantley, partner at Bahe Cook Cantley & Jones, was in the news this week after she represented her client, Chris Glass, a PRP firefighter, in front of the PRP Fire Protection District Board. Mr. Glass filed a complaint alleging harassment and racial discrimination against his former captain, Robert "Danny" Heil. Heil's disciplinary hearing was held in front of the Board Wednesday evening, January 20. The Board listened to witness testimony and arguments from the attorneys. It was charged with deciding what discipline, if any, to impose upon Heil.

After listening to the evidence and deliberating for several hours, the Board found that Heil acted inappropriately and contrary to Board policy, and determined that he should be dismissed from the PRP Fire Protection District.

Click here to watch news coverage of the hearing and the Board's decision, courtesy of WHAS-11 News: WHAS-11 News Story.

If you or a loved one has experienced discrimination in the workplace, feel free to contact Vanessa Cantley directly at (502) 587-2002, or e-mail her by clicking here: E-mail Vanessa.

Current and former employees of AT&T filed suit against the company on Wednesday, accusing it of forcing them to work overtime without compensation.

Two suits were filed -- one in the U.S. District Court in San Francisco and the other in the U.S. District Court in Atlanta. Together, the suits seek a total of $1 billion in damages and back pay.

The 44-page suit filed in both courts also is seeking class-action status for the plaintiffs.

To read more about the lawsuits, click here:

To learn more about state and federal wage and hour laws, please contact Vanessa Cantley, partner at Bahe Cook Cantley & Jones, by calling (502) 587-2002 or e-mailing her by clicking here: e-mail_Vanessa.

The Kentucky Justice Association recently awarded its annual Consumer Safety Award to Captain Shane Sitts, a Northern Kentucky/Cincinnati-based airline pilot. Sitts was given the award for his integrity and bravery in standing up to his corporate employer, Comair, for refusing to fly an airplane that he believed to be unsafe and unfit for flight.

Not just once, but twice, Sitts refused to fly unsafe airplanes due to faulty mechanisms in the main cabin door assist system of planes he was asked to fly. Sitts informed Comair of the condition and tried to get the company to make the condition safe for passenger travel. Unfortunately, the airline refused to listen and ordered him to fly the planes anyway. Captain Sitts bravely refused. Unbelievably, he was fired for trying to protect the very passengers whose lives he was entrusted with.

After being unjustly fired, Sitts took the airline to court in what is known as a “whistleblower” suit: being fired for reporting companies for violations of the law. He risked his own professional career to stand up for what was right and to protect the rest of us. Fortunately, the judge and jury in his trial recognized that he was right and found that he had acted appropriately.

Continue reading "Kentucky Justice Association Awards Consumer Safety Award to Comair Pilot" »

Under federal and state law, it is illegal to discriminate against someone (applicant or employee) because of that person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. It is also illegal to retaliate against a person because he or she complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The laws forbid discrimination in every aspect of employment.

But what about a dress code in the workplace? In general, an employer may establish a dress code which applies to all employees or employees within certain job categories. There are a few possible exceptions.

A dress code must not treat some employees less favorably because of their national origin. For example, a dress code that prohibits certain kinds of ethnic dress, such as traditional African or East Indian attire, but otherwise permits casual dress would treat some employees less favorably because of their national origin.

An employer may require all workers to follow a uniform dress code even if the dress code conflicts with some workers' ethnic beliefs or practices.

If the dress code conflicts with an employee's religious practices and the employee requests an accommodation, the employer must modify the dress code or permit an exception to the dress code unless doing so would result in undue hardship. Similarly, if an employee requests an accommodation to the dress code because of his disability, the employer must modify the dress code or permit an exception to the dress code, unless doing so would result in undue hardship.

If an employee needs to modify a dress requirement because of a disability, the employer may need to grant that employee a reasonable accommodation.

For more information on employee rights, please contact Kentucky employment discrimination attorney Vanessa Cantley at Bahe Cook Cantley & Jones by calling (502) 587-2002 or e-mailing her by clicking here: e-mail_Vanessa.

The Equal Employment Opportunity Commission (EEOC) will have a new task as of Saturday, November 21, 2009: Enforcement of Title II of the Genetic Information Nondiscrimination Act, otherwise known as "GINA."

GINA prohibits employers and health insurers from discriminating against individuals based on genetic information. Genetic information includes the results of genetic tests to determine whether someone is at increased risk of acquiring a condition (such as some forms of breast cancer) in the future, as well as an individual’s family medical history.

GINA affirms the principle central to all employment discrimination laws – that all people have the right to be judged according to their ability to do a job, not on stereotypical assumptions,” said Acting EEOC Chair Stuart J. Ishimaru. “No one should be denied a job or the right to be treated fairly in the workplace based on fears that he or she may develop some condition in the future.”

Specifically, the law prohibits the use of genetic information in making employment decisions, restricts the acquisition of genetic information by employers and others, imposes strict confidentiality requirements, and prohibits retaliation against individuals who oppose actions made unlawful by GINA or who participate in proceedings to vindicate rights under the law or aid others in doing so. The same remedies, including compensatory and punitive damages, are available under Title II of GINA as are available under Title VII of the Civil Rights Act and the ADA.

Vanessa Cantley, partner with Bahe Cook Cantley & Jones, has represented hundreds of employees who have experienced discrimination in the workplace. She comments: "The enactment of GINA, along with the ADA Amendments Act, should ensure that American workers are protected from discrimination based on their current disabilities or fears of conditions that may develop down the road. GINA's passage is a victory for employees and for those of us fighting to end employment discrimination in all forms."

If you feel you have experienced discrimination in the workplace, or would like more information on employee rights, please contact Vanessa Cantley at (502) 587-2002 or e-mail her by clicking here: e-mail_ Vanessa.