Kyle D. Johnson
Kyle understands the problems that face management. Whether it’s a problematic employee, a problematic union, a problematic government agency or a problematic lawsuit, Kyle stands ready to provide timely and efficient solutions to these types of labor and employment issues.
Employers turn to Kyle when they are confronted with these types of problems because he gives prompt attention to all of his clients regardless of how simple or complex the legal issue. Kyle strives to understand his clients’ business needs so that he can provide workable solutions for any employment situation.
Kyle achieves these goals in the most cost-effective and efficient manner possible. For example:
- Preventative solutions. Kyle has a deep understanding of all aspects of labor and employment law. His intricate knowledge of these laws allows him to provide timely and straightforward solutions to problems that may confront employers. The solutions Kyle provides help keep employers out of court, and avoid the costly expense of litigation.
- Zealous advocacy. Litigation cannot always be avoided, and when it can’t, Kyle provides zealous representation for all his clients. Whether it’s a lawsuit, an arbitration, a charge, a government investigation, or an OSHA or MSHA citation, Kyle uses his extensive knowledge of the court system, arbitrators, and government agencies to provide zealous advocacy on behalf of his clients.
- Thorough research. Not all labor and employment problems are created equally. Sometimes the answers are easy to come by. But sometimes, legal research is needed to formulate a solution. Kyle’s research skills allow him to efficiently find solutions to almost any legal issue and do so in a cost-effective manner.
- Straightforward, compelling legal arguments. Boring and mundane legal arguments generally do not win cases. But Kyle is known for his straightforward, compelling legal analysis designed to catch a judge’s attention and convince the judge that the employer is in the right. Kyle has used this technique to secure dismissals of many cases pending before courts and government agencies alike.
- Ability to understand and provide assistance on novel and complex legal issues. Employers are facing complex regulations and litigation today, more than ever. Whether it’s complex litigation (such as class actions or collective actions), or complex and hard-to-understand government regulations, Kyle can help employers through this ever-changing legal climate. Kyle has extensive experience litigating complex matters and stays on top of the new laws and regulations ready to assist employers whenever the need may arise.
Kyle appears regularly before state and federal courts and administrative agencies, including the Occupational Safety and Health Review Commission, the Mine Safety and Health Review Commission, the U.S. Department of Labor, the Kentucky Labor Cabinet, the Equal Employment Opportunity Commission, and the Kentucky Commission on Human Rights.
When Kyle is not working, he enjoys spending time with his wife and five children, enjoys running, and is an avid racquetball player.
- Regularly advise and train clients on compliance with all aspects of employment law, such as: FMLA compliance, ADA/Disability compliance, and compliance with civil rights laws.
- Assist clients facing investigations being conducted by the EEOC and Kentucky Commission on Human Rights.
- Obtained court order denying class certification on behalf of packaging company facing claims of disparate treatment and disparate impact discrimination based upon company’s alleged criminal background check policies.
- Successfully defended logistics company facing claims of race discrimination and retaliation by obtaining order from federal court dismissing the lawsuit.
- Successfully defended food company against claims of pregnancy discrimination and retaliation by obtaining order from federal court dismissing the lawsuit.
- Successfully defended manufacturing company against a charge of race discrimination filed with the Kentucky Commission on Human Rights by obtaining a “no probable cause” determination.
- Successfully advocated denial of unemployment benefits before the Kentucky Unemployment Insurance Commission.
Wage and Hour
- Regularly advise and train clients on wage and hour compliance, such as: the Fair Labor Standards Act, minimum wage and overtime laws, wage payment laws, and equal pay laws.
- Assist clients facing investigations being conducted by the U.S. Department of Labor or the Kentucky Labor Cabinet.
- Obtained court order dismissing class action claims alleging tipping and other wage/hour violations against restaurant.
- Obtained court order dismissing class action claims alleging misclassification and other wage/hour violations against delivery company.
- Successfully defended delivery company facing misclassification claims by obtaining order from federal court dismissing the lawsuit.
- Successfully defended distributor against wage and hour complaint filed with the Kentucky Labor Cabinet.
- Assisted restaurant with wage and hour investigation conducted by the Federal Department of Labor.
- Defended numerous companies facing lawsuits alleging wage and hour violations under the Federal Fair Labor Standards Act and the Kentucky Wage and Hour Act.
- Represented and defended companies in court who are facing class action and collective action lawsuits.
- Regularly advise and train clients on OSHA compliance, workplace injuries, and health and safety inspections.
- Defended warehousing company through trial of OSHA citation and obtained Review Commission decision vacating alleged serious citations.
- Defended logistics company through trial of OSHA citations and obtained Review Commission decision vacating alleged serious citations.
- Defended department store through trial of OSHA citations and obtained Review Commission decision vacating alleged serious citations.
- Successfully represented contractors facing MSHA special investigations.
- Defended contractor in response to an MSHA discrimination complaint.
- Defended contractors in response to MSHA citations
- Represented numerous companies before the Franklin Circuit Court, Kentucky Court of Appeals, and Kentucky Supreme Court defending favorable decisions issued by Kentucky Review Commission and seeking judicial review of adverse decisions issued by the Kentucky Review Commission.
- Negotiated many settlements with Federal OSHA, Kentucky OSHA, and Indiana OSHA on behalf of clients facing alleged serious and willful citations.
- Regularly advise clients on OSHA and MSHA procedures and assist clients with developing strategies to advocate for OSHA’s and MSHA's voluntary dismissal of citations.
- Regularly advise and train clients on numerous labor-management relation issues, such as: implementing work rules that comply with the National Labor Relations Act, implementing policies and practices that comply with collective bargaining agreement, compliance with right-to-work laws, and union avoidance.
- Secured a court decision finding county right-to-work ordinances to be a valid exercise of state law under the National Labor Relations Act.
- Successfully defended various companies against union grievances submitted to arbitration.
- Successfully defended manufacturing company against union lawsuit seeking to compel arbitration of pension plan determination.
- Successfully defended a client’s benefit determination both in a federal trial court and before the Sixth Circuit.
- Successfully advocated for application of deferential standard of review in numerous cases pending in federal court.
- Successfully obtained dismissal of breach of fiduciary duty claims.
Highlights & Recognitions
- Kentucky Rising Stars®, 2015-2016
Memberships & Affiliations
- American Bar Association
- Kentucky Bar Association
- Louisville Bar Association
- Employers Beware: OSHA Penalties Increasing
- OSHA Clarifies Position on Safety Incentive Programs and Post-Incident Drug Testing
- New Rules for Employers with Tipped Employees
- Supreme Court Adopts Broader View of FLSA Exemptions
- DOL’s Overtime Rule Struck Down
- Overtime Regulations Struck Down: The Department of Labor is forbidden from enforcing new salary threshold
- OSHA’s Anti-Retaliation Regulation May Impact Your Workplace Policies
- New Overtime Rules Released Today
- OSHA Penalty Limits Are Increasing For the First Time in 25 Years
- Supreme Court holds that Security Screening is not Compensable Work under the FLSA
- Supreme Court to Decide Whether Security Screening Constitutes Compensable Work
- Deadline Approaching for Employers to Provide Health Insurance Marketplace Notice
- Kentucky Supreme Court Finds Employees May Not be Terminated for Storing Deadly Weapons within their Vehicles on Employer’s Property
- 43 Frost Brown Todd Attorneys Recognized by Kentucky Super Lawyers® and 14 Recognized by Kentucky Rising Stars® for 2018
- 51 Frost Brown Todd Attorneys Recognized by Kentucky Super Lawyers® and 18 Recognized by Kentucky Rising Stars® for 2016
- 50 Frost Brown Todd Attorneys Recognized by Kentucky Super Lawyers® and 20 Recognized by Kentucky Rising Stars® for 2015
Non-FBT Publications and Events
Note, Measuring Minimum Contacts Over the Internet: How Courts Analyze Internet Communications to Acquire Personal Jurisdiction Over the Out-of-State Person, 46 U. Louisville L. Rev. 313 (2007)