Wyatt Employment Law Report


Supreme Court of Kentucky Limits In-Person Proceedings With New Orders

written by Marianna Michael

pexels-anton-uniqueton-4021262On November 20, 2020, the Supreme Court of Kentucky issued two new Administrative Orders regarding hearings. Orders 2020-71 and 2020-72  replace Administrative Orders 2020-63 and 2020-64 which were published in early November as guidance to courts in “red zone” counties. With nearly each of Kentucky’s 120 counties at or near “red zone” status, the Court is again mandating many of the restrictions imposed earlier this summer.

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The Supreme Court of Kentucky Upholds Employees’ Right-to-Work

By Marianna Michael

The Supreme Court of Kentucky has rejected a challenge to Kentucky’s right-to-work law, which prohibits companies from requiring workers to pay union dues as a condition for holding a job.

The relevant provision, codified in KRS 336.130, states:

Notwithstanding subsection (1) of this section or any provision of the Kentucky Revised Statutes to the contrary, no employee shall be required, as a condition of employment or continuation of employment, to:

2. Pay any dues, fees, assessments, or other similar charges of any kind or amount to a labor organization.

Kentucky’s AFL-CIO and Teamsters 84 challenged the law. They argued that, pursuant to the Fifth Amendment, the law amounted to an unconstitutional taking from labor organizations that had previously required every worker in a union shop to pay dues, regardless of whether they joined the union. Additionally, they argued that the law was unconstitutional because the Kentucky Constitution prevents lawmakers from passing “special legislation” or laws targeting a specific group or class.

However, both the lower court and the Supreme Court of Kentucky disagreed. The lower court dismissed the case, reasoning that there would be no constitutional taking, since the law was not retroactive and contracts that are currently in existence will remain effective until the contracts expire. Additionally, the court’s opinion distinguished the legislature’s right to create laws and the court’s role in protecting the General Assembly’s ability to legislate. The Supreme Court of Kentucky affirmed the lower court’s ruling.