BBA Law Offices • Barber, Banaszynski & Hiatt, PSC

Compassionate Care for Frontline Healthcare Workers During the Covid-19 Crisis in Louisville, Kentucky

The Alternative to Big Law Personal Injury

One cannot watch television, listen to the radio or drive down a Kentucky road without being continually bombarded by advertisements from a handful of law firms trying to catch the attention of personal injury clients. Interestingly, many of these firms are based out of neighboring states or even states hundreds of miles away. Just the other day, I saw an attorney’s giant head on the side of a bus and just below the head was the disclaimer that stated that that attorney was not licensed to practice in Kentucky. One would hope that a potential client would ask, “Why put your face on a bus if you aren’t willing to put in the time to get licensed in this state?”

Planning for Your Future: Long-Term Care

Right now, you are living it up in your golden years, or perhaps you are just now approaching retirement age. No matter what age you are, it’s never too early to think about the likelihood that you’ll need long-term care, as well as how you plan to pay for it.

2018 marks the 50 year anniversary of the passage United States Age Discrimination in Employment Act (ADEA).

2018 marks the 50 year anniversary of the passage United States Age Discrimination in Employment Act (ADEA). This law provides an opportunity for individuals to seek relief from discrimination in employment based on age over the age of 40. It has been administered for the past 50 years by the United States Equal Employment Opportunity Commission (EEOC) and has cured a great number of illegal employment actions.

ARE VICTIMS OF SEXUAL ORIENTATION DISCRIMINATION PROTECTED UNDER THE FEDERAL CIVIL RIGHTS ACT?

In April, 2017, the United States Court of Appeals for the Seventh Circuit held that employment discrimination based on sexual orientation was a violation of the protection against sex discrimination found in Title VII of the United States Civil Rights Act of 1964.

A VERY PERSONAL STATEMENT ON THE LAW

Most essays I have written for this blog concentrate on important and slightly arcane legal issues. However, I want to get personal with this missive. Here goes.

HOW TO GET YOUR SECURITY DEPOSIT BACK FOR A LEASE IN JEFFERSON COUNTY KENTUCKY

I have had several clients come to me regarding a landlord refusing to return their security deposit after their lease is over. Jefferson County has adopted the Kentucky Uniform Residential Landlord and Tenant Act. The Act’s purpose was to improve the quality of housing and to proscribe clear rules to be followed by the landlord and the tenant. KRS 383.580 specifically addresses the issue of security deposits.

ABUSED, NEGLECTED OR DEPENDENT CHILDREN

Every day in Jefferson County, one of the ten Family Courts receives petitions alleging that a child is abused, neglected or dependent. These cases, known as DNA cases, begin when a petition, usually filed by the Cabinet for Health and Family Services, is brought to the Court and the Court is asked to consider removing the child from the parents or current custodian in order to ensure that the child is safe and secure. This first appearance is called a Temporary Removal Hearing. At this hearing, the Court will appoint an attorney to represent the child. This attorney is known as a Guardian Ad Litem (or GAL). The Court will also ensure that the parents have attorneys appointed to represent their interests and rights. The Court will then consider the evidence presented by an Assistant County Attorney and decide whether or not it will be necessary to remove the child from the custodian or parents on a temporary basis. If the child is removed, the preferred placement will be to give temporary custody to a qualified relative but if that is not possible, to a foster care home. The goal of all DNA proceedings is to return a child that has been removed back to the parents or custodian as soon as possible if it can be done in a safe and secure manner.

HOME OF THE INNOCENTS -- PEDIATRIC CONVALESCENT CENTER

Last week, on Thursday, June 8, 2017, eight people from the law firm of Barber, Banaszynski & Hiatt, including the three Senior Partners, gathered at Churchill Downs.

We were invited by the Home of the Innocents to attend a salute to Dr. Joan Thomas and Lee Thomas and a fundraiser on “Millionaires Row” at the Downs. There were 500 or so people there, all of whom were more “well heeled” than us. But we were there to salute the great work that the Home of the Innocents is doing in providing services for abandoned children and for children who have been released from hospitals who are terminal or who have serious physical problems.

TAXATION OF LIMITED LIABILITY COMPANY

A limited liability company (“LLC”) is not a separate tax entity like a normal corporation. Rather, it is what the Internal Revenue Service (“IRS”) calls a “pass-through entity.” This is taxed like a partnership or sole proprietorship. The profits and losses of the LLC “pass-through” business to the LLC owners, or members, who uses information for their personal tax returns. The LLC itself does not pay any federal or state income taxes. There may, however, be an annual reporting fee payable to a state such as Kentucky, as discussed below.

PROVISIONS IN A SETTLEMENT AGREEMENT

After months of negotiation with the other side you have finally reached a settlement. You have avoided going to trial and will no longer have to pay attorneys fees. Settlements are often an ideal outcome for all parties involved. It avoids protracted litigation that costs time and money. There are some important concerns that one needs to keep in mind when drafting or signing a settlement.

NON-COMPETE CONTRACTS IN MODERN DAY EMPLOYMENT – THE SCARY AND THE SOLUTION

I recently spent a lot of time dealing with a case that involves a young worker in the health industry who was in a high-level position with a company and had been there for seven months. He received an offer to go to work for a second company for $165,000.00 and wanted to make the move. The problem was that there was a non-compete clause in his current contract with his current employer.

THE RISE OF ARBITRATION CLAUSES IN EMPLOYMENT CONTRACTS

STATE REQUIRED TO PAY RELATIVE FOSTER PARENTS MONEY TO SUPPORT CHILDREN PLACED IN THEIR CARE

Recently, the United States Court of Appeals for the Sixth Circuit ruled that approved relatives who have received children placed in their care as a result of a dependency, neglect or abuse cases are entitled to receive money for the financial support of the children from the state.

aggressive legal defense must be undertaken by individuals charged with DUI for a first offense

Now, more than ever, aggressive legal defense must be undertaken by individuals charged with DUI for a first offense. If you have been charged with DUI, contact Jonathan Hodge for a consultation of your case.

A stitch in time saves nine

There are many old sayings, or aphorisms, that are applicable as we go through life. One of them is the English saying cited at the top, a “stitch in time saves nine.” It needs no explanation.

ABLE accounts come to Kentucky

What is the ABLE Act? The ABLE Act was passed by the 113th Congress, and signed into law on December 19, 2014 by President Obama. The Steven Beck, Jr. “Achieving a Better Life Experience” Act of 2015 (ABLE Act). The ABLE Act was named to honor Steven Beck, Jr., a parent from northern Virginia who helped conceive and develop the ABLE Act, and who worked tirelessly for its passage.

THE RISE OF ARBITRATION CLUASES IN EMPLOYMENT CONTRACTS

Arbitration clauses in employment agreements are now becoming the norm in the United States. Arbitration is an alternate dispute forum to the court system, where the parties present their dispute to an arbitrator and his decision is often binding. Employers have included arbitration clauses in employment agreements for many reasons. The first is that it prevents an employee from filing a lawsuit in the court system. As a result, it prevents the employee from having their case heard by a jury. The employer often designates who they want to arbitrate any potential disputes between the employee and themselves, which gives the employer an inherent advantage in the arbitration process. Anthony Kline, a California appeals court judge, said in an interview with the New York Times. “This is a business and arbitrators have an economic reason to decide in favor of the repeat players.” The “repeat players” in this instance would be the companies that consistently have disputes that go to arbitration.

UNEMPLOYMENT BENEFITS – YOUR RIGHTS

Kentucky provides an opportunity for employees who lose their job to receive unemployment benefits. Benefits are paid to qualified individuals for a period of up to six (6) months following the termination and affords this individual an opportunity to find gainful employment.

WHAT POWERS MIGHT BE GRANTED TO AN ATTORNEY-IN-FACT THROUGH A POWER OF ATTORNEY

A power of attorney (POA) is a written authorization to represent or act on another’s behalf in private affairs, business, or some other legal matters.