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Lexington and Louisville Law Blog

Are businesses liable for employee's acts?

One of the most important things that business owners can do is to reduce risk and liability. The only way that they can do this effectively is by fully understanding the law and using it to inform their decisions.

In many cases, businesses can suffer losses due to the unlawful and negligent actions of their employees. The actions of an employee could mean that the business will need to undergo costly litigation. If you are worried about this happening to your business, you must be aware of how this can occur.

What if a driver cuts off your truck?

Generally speaking, if there is a rear-end accident, it's the fault of the second car -- the one in the back. Even if that first driver slammed on the brakes and "caused" the crash, the second driver is legally obligated to have enough space to stop in time. If they can't, then they were following too close.

There are exceptions, though. What if someone cuts off a semitruck?

Defenses to embezzlement accusations in Kentucky

In general instances of theft, old English law required that trespass was necessary for a person to be found guilty. When it became possible for criminals to steal possessions through the use of computer systems and other strategies, this meant that a loophole in the law was created. To address this loophole, the crime of embezzlement was brought into law.

The crime of embezzlement occurs when a person is in the possession of another's property unrightfully. When they have possession, they take advantage of their position and proceed to take the property for their own use. To find a person guilty of embezzlement, it must be shown that the accused had no intention of giving the property back.

BIG Congratulations to Partner Jeffrey A. Taylor on being named a Top 50 Super Lawyer - 2020!

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. This selection process includes independent research, peer nominations and peer evaluations. © 2019 "Super Lawyers"®, part of Thomson Reuters. All Rights Reserved, December 2nd, 2019

BIG Congratulations to Partner Pierce W. Hamblin on being named a Top 50 Super Lawyer - 2020!

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. This selection process includes independent research, peer nominations and peer evaluations. © 2019 "Super Lawyers"®, part of Thomson Reuters. All Rights Reserved, December 2nd, 2019

BIG Congratulations to Partner John R. Martin Jr. on being named a Top 50 Super Lawyer - 2020!

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. This selection process includes independent research, peer nominations and peer evaluations. © 2019 "Super Lawyers"®, part of Thomson Reuters. All Rights Reserved, December 2nd, 2019

Do I have the right to claim unpaid overtime?

The rights that you have as an employee depend on the exact circumstances of your employment. If you are nonexempt from the Fair Labor Standards Act (FLSA), you have the right to get paid at overtime rates for any hours worked over 40 in any given workweek.

Therefore, if you are unsure about whether you are owed overtime pay from your employer, you should first take action to learn whether you are exempt from the benefits associated with the FLSA. If you are nonexempt, you should then proceed by proving that you worked a certain number of hours and that you were not adequately reimbursed for them.

BIG Congratulations to our L&S Super Lawyers 2020!

Bennett E. Bayer, Elizabeth A. Deener, Larry C. Deener, Pierce W. Hamblin who also made Top 50 for the state of KY in Mediation and Arbitration, Michael E. Hammond, Bradley C. Hooks, John R. Martin, John G. McNeill, Daniel E. Murner, Jeffrey A. Taylor, Leslie P. Vose, R. Kent Westberry, Elizabeth J. Winchell and our rising star, Zachary Hoskins.

Possible accident defense tactics for trucking companies

Trucking companies are often assumed to be at fault by victims after the occurrence of an accident involving a truck. However, the trucking industry is a highly regulated one, and it's often the case that the mistakes of noncommercial drivers lead to a collision that the truck driver involved could have done nothing to prevent.

Truck companies should take immediate action after a truck accident to establish possible routes of defense as soon as an accident has occurred. In the best case, it will be easy to show that the other driver made mistakes that caused the accident. In other situations, aggressive defense tactics can be implemented to scrutinize all evidence. The following are some of the most common defenses used by trucking companies.

A positive company culture could help prevent disputes

There are many advantages to having a positive company culture. Recent studies conducted have found links between companies with strong and positive cultures and increased productivity as well as reduced employee turnover. In addition to this, companies who have a positive culture experience fewer internal conflicts and legal disputes.

If you want to avoid disputes occurring in your workplace, you may want to consider investing time and energy into developing a strong corporate culture in your company. The following are some ways in which you can do this.

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