About: Preston Worley

Preston Clark Worley is a native of Richmond, Kentucky and proudly calls Central Kentucky home. After graduating from the University of Kentucky and the University of Kentucky College of Law, he joined McBrayer Law Firm as an Associate in 2010. He enjoys a diverse practice in several areas of transactional, litigation and administrative law. Mr. Worley has represented his clients by brief or in person before various trial courts throughout the Commonwealth and the Federal Eastern District of Kentucky, the Kentucky Court of Appeals, the Kentucky Supreme Court, Executive and Administrative Agencies, and the Kentucky General Assembly. His primary areas of interest are employment law, land development, telecommunications, real estate and affordable housing.

Recent Posts by Preston Worley

“Why Does She Get To Do That?” Handling Questions about Employee ADA Accommodations

The Americans with Disabilities Act (“ADA”) requires any employer with fifteen or more employees to provide reasonable accommodations to individuals with disabilities, as long as doing so does not result in “undue hardship” to the employer. A reasonable accommodation can be any change in the work place that helps a person with a disability to enjoy equal employment opportunities. The ADA has very strict guidelines about when and how an employer may inquire about an employee’s disability. What happens, though, when a non-ADA employee asks you, the employer, why another employee is receiving perceived preferential treatment? The ADA strictly prohibits employers from disclosing medical information about employees, but even if privacy rules are adhered to, some accommodations will be obvious to others. For example, consider these situations:
  • A diabetic employee takes more scheduled breaks than others so that he can eat small meals.
  • An employee with temperature sensitivity is allowed to wear a modified dress code.
  • An employee who experiences seizures is...
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Innocent Until Proven Guilty, But Employed, Too? How to Handle Employee Arrests

Employers routinely encounter employee situations that leave them in a bind: illness, pregnancy, or the rogue employee who walks out without notice. There is also another situation that can leave employers scratching their head and calling the HR department: what do you do when an employee is arrested? Before any impulsive action is taken, consider these factors:
  • Is the arrest for a serious crime or minor offense?
  • Is the employee high-profile, high level? Or, are they lesser known (and thus less likely to draw attention for the arrest)? 
  • How does it relate to the employee’s job duties and how will it impact business?
If an immediate response is needed because of one or all of the factors above, you can place the arrested employee on inactive status or suspended status without pay. If such swift action is unnecessary, you may also consider treating an arrest or incarceration as an absence. In this scenario, the absence would be considered unexcused and you could apply...
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New FMLA Poster Required in the Workplace

On February 4, 2013, the U.S. Department of Labor (“DOL”) marked the 20th anniversary of the signing of the Federal Medical Leave Act (“FMLA”) into law by issuing a final rule which implements two expansions of FMLA leave. The new rule permits eligible workers to take up to 26 workweeks of leave to care for a current service member with a serious injury or illness. Congress also created a qualifying exigency leave, which permits eligible employees to take up to 12 workweeks of leave for qualifying exigencies arising out of active duty or call to active duty in support of a contingency operation of a family member serving in the National Guard or Reserve. The expansion will allow employees to spend more time with family members in the military, including when they are on leave from active duty service. The rule also implements amendments clarifying the application of the FMLA to airline personnel and flight crews. Previously, the unique manner...
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