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McBrayer Blogs

Ten Top Blogs of 2019

As usual, our ten top blogs reflect the changing legal landscape and the needs of our clients, the employers and businesses that are the engine of opportunity in our Commonwealth. Whether you’re a fresh startup, a large healthcare provider, or even a distillery, our blogs had something for you in 2019, and below, we recount our top reads in each category. More >

Get the Biggest Bang for Your Association’s Political Buck!

The strategy of most Trade Associations is to advance shared issues and industries through pooling members’ resources. Nothing impacts those issues and industries more directly than elected officials and the campaigns that bring them into power.  A Political Action Committee (PAC) can serve as an effective advocacy tool to maximize member resources and support political candidates who are more likely to support and vote on your association’s initiatives, or even promote specific policy initiatives and action items directly. More >

Avoiding Ethical Pitfalls in the Representation of Family Businesses

As all attorneys know, maintaining an ethically sound practice is one of the fundamental requirements of the legal profession. Nowhere is this requirement more pronounced than in the representation of a family-owned business, which typically presents a variety of complex dynamics for the attorney’s consideration. Dealing with multiple familial owners—as well as the emotional ties between those owners—can often place lawyers in a difficult position, especially from an ethical perspective. However, as long as careful practices are adhered to, many potential ethical pitfalls can be easily avoided. More >

A Fully Informed Insured is a Good Insured – Regardless of the Underlying Facts

As defense attorneys, we are often hired by an individual or entity’s insurance company to zealously defend the interests of their insured. The relationship between insurer, insured and defense counsel can oftentimes be confusing and is riddled with potential landmines for the well-intentioned attorney. As such, candid communication with the insured about this relationship is of paramount importance. More >

Our Top Ten: Ten McBrayer Blogs that Capture the Year that Was

Our McBrayer blogs run the gamut of practice areas, so it’s no surprise that the ten most popular blogs on our site for the 2018 calendar year reflect the full span of our reach.  It’s also no surprise that the vast majority of these blogs respond to new and exciting changes in the law. Drumroll, please… More >

Department of Labor Ends 80/20 Rule for Tipped Employees

On November 7, 2018 the U.S. Department of Labor issued an advisory opinion letter, FLSA 2018-17, that amends previous guidance regarding the “tip credit provision,” sometimes known as the 80/20 rule. The “tip credit” provision addressed the payment of minimum wage and applies to employees of a business that usually receive at least $30 per month in tips. These “tipped employees” are not required to be paid federal minimum wage (currently $7.25 per hour), but instead, only $2.13 per hour. In 2011, the Department of Labor had issued an opinion rescinding a 2009 opinion and instituting what has colloquially been called the “80/20 rule.” By FLSA 2018-17, the Department of Labor fully reinstated the prior 2009 determination, which will have far reaching consequences for employers of “tipped employees.” More >

Kentucky Equine Liability: When the Potential Buyer Takes a Tumble

Recently the Kentucky Supreme Court addressed liability issues facing Kentucky horsemen when offering riding horses for sale. The sale of horses for riding use is a common facet of the horse business in Kentucky, and test rides are frequently part of the sale process. A test ride, however, opens the door to unique liability issues.  In 1996, the General Assembly enacted the Farm Animals Activity Act(“FAAA”), which dictated that the inherent risks associated with farm animals, including horses, are beyond the reasonable control of farm animal activity sponsors, professionals, or other involved persons. However, this statute left several exceptions permitting liability on the table. Until recently, no published case law in Kentucky provided guidance for the application of these exceptions. In August 2018, the Kentucky Supreme Court clarified the FAAA exceptions involved with a potential buyer riding a sales horse in Daugherty v. Tabor. More >

How to Share the Road: Kentucky New Law Strives to Make Roadways Safer for Cyclists

In an effort to promote the safety of cyclists using the Commonwealth’s roadways, the Kentucky General Assembly recently imposed new duties on drivers. On March 29, 2018, Governor Bevin signed into law House Bill 33, entitled “An ACT relating to the overtaking of bicycles on a roadway.”  The Act, which amended KRS 189.300-.340, became effective on July 14, 2018.  Over thirty states have enacted similar laws.[1]      More >

New Bankruptcy Rules in Effect

Posted In Bankruptcy

Amendments to the Federal Rules of Bankruptcy Procedure brought important changes to the administration of consumer bankruptcy cases, particularly Chapter 13 cases, effective on December 1st of 2017. These new rules require adjustment to the calendaring of the due date for a proof of claim. The most prominent rule changes are a new proof of claim bar date tied to the date of the bankruptcy filing, a requirement that secured creditors file a proof of claim, the required use of a Model Chapter 13 Plan, deadlines regarding plan confirmation, and methods by which courts can determine the amounts of secured claims. More >

How to Keep Recreational Pilots Droning On and On

You’d probably never guess that something you can pick up for your kid from Toys ‘R’ Us on your way home could be the center of a swarm of complex legal issues and a growing regulatory scheme. Welcome to the new world of drones, a world where everyone from the FAA to the local police is struggling to adapt to the challenges posed by the ability of anyone and everyone to purchase what is essentially a flying robot capable of doing everything from spying on the neighbor’s kids to interfering with commercial air traffic. Those challenges are being met with cold, hard law and regulation, so drone operators must understand the growing and serious set of legal rules that come with buying that new drone. More >

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