Blog

Liquidated Damages Under the FMLA: What Employers (and Employees) Need to Know

The Family and Medical Leave Act (FMLA) is often understood as a job-protection statute—it gives eligible employees the right to take unpaid leave for serious health conditions, childbirth, or to care for family members. But what many people don’t realize is that the FMLA also carries real financial consequences for employers who violate it. One of the most powerful—and often overlooked—tools in...

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Retaliation Is the Language of Institutional Fear

 December 29, 2025 2025 was a record year. Record results, and record lessons. As we move into 2026, I'd like to footnote one of the biggest lessons I've learned in the last 12 months:  Institutions retaliate when they are afraid. Not afraid of bad employees.Not afraid of poor performance.Afraid of exposure. Retaliation happens when someone inside an organization says the quiet part out...

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Standing Up Against Retaliation: A Victory for a Louisville Truck Driver

 November 18, 2025 In male-dominated industries, women often face challenges that go far beyond the demands of the job. One of our clients—a dedicated truck driver here in Louisville—experienced one of those challenges firsthand. When she rejected an unwanted sexual advance from a trainer, she was terminated almost immediately afterward. She did everything society tells us to do: work hard, show...

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Victory in Kentucky Whistleblower Claim

November 17, 2025 We recently resolved an important whistleblower case in Kentucky, resulting in a significant settlement on behalf of our client. While the terms of the agreement are confidential, we can speak to what this outcome represents — both for our client and for employees across the Commonwealth. Kentucky’s Whistleblower Act exists for a reason: to protect public employees who have the...

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Borum and company win trial by jury, May 2025

May 5, 2025 Last week, founding attorney David Borum secured a significant victory in a jury trial in Breckinridge County. After three days of testimony and evidence, a 12-person jury returned a verdict in favor of Mr. Borum’s client in just 30 minutes. The opposing party received nothing—less than what had been offered by Mr. Borum’s client prior to trial. "My team and I had spent dozens if not...

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The Open Records Act is a powerful tool to hold government officials accountable

April 26, 2024 According to the Federal Reserve, there are over 300,000 government employees in Kentucky.  That's a lot. And their work product may be accessible to the public. Public access to government documents is important, because... well... they work for us! That's why in 1967 Kentucky's General Assembly enacted the Open Records Act, to assure the right of public access to the records of...

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Local government agencies sued for abuse of power

April 25, 2024 In the past year, several residents have reached out to our firm to report instances of government officials abusing their power. The Kentucky Constitution mandates that governmental bodies, including municipal corporations and agencies assisting in municipal government, operate only within the powers explicitly granted by the state constitution or statutory laws. In other words,...

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High level efforts to limit non-compete agreements seems imminent

June 2, 2023Are you subject to a non-compete agreement? Nearly one in five Americans are. In Kentucky, non-compete clauses are generally enforceable. But on January 5, 2023 the FTC proposed a new rule that would ban them. Public comments were accepted up until April 19th. Now, the proposals are under review. As we await for the FTC to make its move, the General Counsel of the National Labor...

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Borum settles large employment law claim with large Kentucky employer on behalf of local client

June 1, 2023 Founding attorney David Borum recently settled a large employment law claim with a large company in Kentucky.  Some considered the result shocking, as the evidence did not always appear to favor the Plaintiff.  The terms of the settlement, and parties involved are confidential, but the final settlement amount was ten times greater than the Defendant initially offered.  The Defendant...

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Supreme Court clears the way for states to sue fossil fuel companies for their role in climate change

For decades, the tobacco industry sold cigarettes and smokeless tobacco to the public, knowing that their products caused lung cancer, mouth cancer, and other respiratory disease. Yet, they publicly claimed that their products caused no harm to human health. Individual plaintiffs tried, and tried again to hold "big tobacco" accountable in Court for their injuries. But juries across the Country...

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Kentucky has very powerful healthcare whistleblower protection

One day George, a hospital employee with several years experienced, noticed that his coworker Tom was not following his training protocol.  George felt that Tom's actions could put patient safety in jeopardy, if they weren't corrected, so George reported Tom's actions to his manager, Pete.  It just so happened that Pete really liked Tom, so instead of investigating and talking to Tom, Pete...

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