Robert L. Abell

Robert Abell Law

Good lawyering is a combination of communicating with particularly listening to clients and a clear-eyed assessment of their legal situation drawn from experience and expertise. The law should work for clients that work hard and play fair and by the rules. These clients are the best clients, and the ones I’ve been most proud to have represented and helped.

Employment Law
Employee Benefits, Employment Contracts, Employment Discrimination, ERISA, Overtime & Unpaid Wages, Sexual Harassment, Whistleblower, Wrongful Termination
Workers’ Compensation
Personal Injury
Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death
Insurance Claims
Bad Faith Insurance, Business Insurance, Disability Insurance, Health Insurance, Life Insurance, Motor Vehicle Insurance, Property Insurance
Fees
  • Free Consultation
    In some instances and not as a matter of general policy.
  • Contingent Fees
    The terms of a contingent fee agreement vary depending upon factors particular to the client and the case.
Colorado
Since 1988
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Languages

  • English:
    Spoken, Written

Trial Lawyer
Robert Abell Law
1991 –

Current

Public Defender
Legal Aid Society of New York City
1989 –

1991

Associate
Greenebaum Doll & McDonald
1987 –

1989

Intern Law Clerk
Hon. A.J. McNamara, U.S. District Court, EDLa
1986 –

1987

Intern Assistant Dist. Attorney
Orleans Parish District Attorney
1986 –

1987

Research Assistant
M. David Gelfand, Professor of Law
1985 –

1987

Research Assistant
Center for Legal Studies on Intergovernmental Relations
1985 –

1987

Tulane University School of Law
J.D. (1987) | Law
1984


1987

Honors: cum laude
Tulane University School of Law Logo
University of Kentucky
B.A. (1983) | History
1979


1983

Honors: With Distinction
University of Kentucky Logo
Kentucky Super Lawyers
Super Lawyers
2015
Kentucky Super Lawyers
Super Lawyers
2014
Kentucky Super Lawyers
Super Lawyers
2013
Kentucky Super Lawyers
Super Lawyers
2012
Kentucky Super Lawyers
Super Lawyers
2011

Kentucky Super Lawyers
Super Lawyers
2010

National Employment Lawyers Association

1998 –
Current
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American Association for Justice

1994 –
Current
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Kentucky Justice Association

1994 –
Current
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National Association of Criminal Defense Lawyers

1994 –
Current
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Kentucky Bar Association

&nbsp# 82253

1987 –
Current
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The Association of the Bar of the City of New York

1989 –
1992
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Articles & Publications
Governor Bevin Joins Suit Against New Overtime Rules
www.RobertAbellLaw.com
September 22, 2016
Tennessee Athletics Settles Sex Discrimination Claims $2.48 Million
www.RobertAbellLaw.com
July 6, 2016
Walmart Seeks Supreme Court’s Help In Unpaid Wages Case
Robert Abell Law Blog
March 24, 2015
Gender Discrimination – Novartis Hit With Class Action
Robert Abell Law Blog
March 18, 2015
Lawyers Accused of Overcharging Their Clients (Dog Bites Man)
… and Justice for All
March 18, 2015

Ferguson — Part of What We First Heard Was a Lie
… and Justice for All
March 17, 2015
Retaliation – Is the Denial of Leave Proof of Retaliation?
Kentucky Employment Law Blog
March 17, 2015
Mortgage Loan Officers Overtime Rule Upheld by Supreme Court
Robert Abell Law Blog
March 15, 2015
Ferguson Assholes Open Fire on Police
… and Justice for All
March 12, 2015
Ferguson, Missouri City Manager, John Shaw, Resigns in Wake of Scathing Justice Department Report
… and Justice for All
March 11, 2015
Hack Judge, Ronald Brockmeyer, in Ferguson, Missouri Resigns
… and Justice for All
March 10, 2015
“We close by noting our disappointment with Hospira’s approach to summary judgment practice”
Kentucky Employment Law Blog
March 5, 2015
Sheriff Employees Allege Sexual Favoritism, Retaliation
Robert Abell Law Blog
March 5, 2015
Must Employers Get the Lowest Fees for Employees 401k Plans?
Robert Abell Law Blog
March 4, 2015
Retaliation & Temporal Proximity – “We reject the idea that the passage of a particular amount of time between protected activity and retaliation can bar the claim as a matter of law.”
Kentucky Employment Law Blog
March 4, 2015
False Claims Act – Disclosures during Government Audit Are Not a “Public Disclosure”
Kentucky Employment Law Blog
March 2, 2015
Police Officer’s Complaint About Quotas Are Protected Speech
Robert Abell Law Blog
March 1, 2015
Really a Manager? Misclassification & Overtime
Robert Abell Law Blog
February 28, 2015
An Employer Who Knows or Has Reason To Know That An Employee’s Time Records Underreports Their Work Hours May Not Escape FLSA Liability Based on the Employee’s Failure to Fully Report the Hours Worked
Kentucky Employment Law Blog
February 14, 2015
Technical Writers Seek Overtime
Robert Abell Law Blog
February 14, 2015
Nurses and Work Injuries
Robert Abell Law Blog
February 7, 2015
What Happens When USDA Gives Up on Food Safety Inspections?
… and Justice for All
February 7, 2015
Punitive Damages Assessed for Corporate Wrongdoing are Deductible as “Ordinary Business Expense”
… and Justice for All
February 4, 2015
That Ain’t the Law: the Dilemma Posed by “Unpublished” Opinions
… and Justice for All
February 3, 2015
Retiree Benefits “Are Not A Form of Deferred Compensation” Supreme Court Rules, They Are ….
Kentucky Employment Law Blog
January 30, 2015
“Professionalism” A Medical School’s Academic Judgment, Sixth Circuit Rules Taking Away Medical School Diploma
Kentucky Employment Law Blog
January 28, 2015
Stopping the Double-Cross: Equitable Estoppel and the FMLA
Kentucky Employment Law Blog
January 28, 2015
Toxic Pollution of Kentucky’s Waters Approved by Sixth Circuit
… and Justice for All
January 28, 2015
Temporal Proximity When the Employer Retaliates at the Earliest Opportunity, Although 15 Months Later
Kentucky Employment Law Blog
January 27, 2015
Wage Theft – 9 out of 10 Fast Food Workers Are Victims
Robert Abell Law Blog
January 27, 2015
More Than Six Months Between Protected Activity and Retaliation Does Not Preclude Causative Link, Sixth Circuit Again Emphasizes
Kentucky Employment Law Blog
January 26, 2015
Whistleblower – Supreme Court Rules In Favor of Air Marshal
Robert Abell Law Blog
January 26, 2015
Should Judges Be Able to Personally Solicit Campaign Contributions?
… and Justice for All
January 25, 2015
What Happens When A Prosecutor Lies Under Oath and Presents Knowingly False Testimony From A Witness?
… and Justice for All
January 24, 2015
Blood Money – South Carolina Killed A Mentally Disabled Inmate by Holding Him Naked in Solitary Confinement for 11 Days and Will Pay $1.2 Million
… and Justice for All
January 12, 2015
Unjust Sentencing Guidelines and Ineffective Assistance of Counsel
… and Justice for All
January 11, 2015
“Injustices That Are Going on Every Day in the Federal Courts”
… and Justice for All
January 6, 2015
Kentucky Supreme Court Affirms ALJ’s Finding of Psychological Impairment
Kentucky Employment Law Blog
December 22, 2014
Damages in Kentucky Wrongful Termination Suits
Kentucky Employment Law Blog
December 21, 2014
Police Officers Bill of Rights Applies to All Complaints, Internal and Citizen, Kentucky Supreme Court Rules
Kentucky Employment Law Blog
December 19, 2014
Call Center Employees Seek Overtime Pay
Robert Abell Law Blog
December 18, 2014
Police Officers Bill of Rights Applies to All Complaints
Robert Abell Law Blog
December 18, 2014
Political Coercion in the Workplace – A Legacy of Citizens United
Kentucky Employment Law Blog
December 18, 2014
Wage Theft – $187 Million Verdict Against Walmart Upheld
Robert Abell Law Blog
December 18, 2014
Wage Theft – The Good Guys Win One in Braun v Walmart
Kentucky Employment Law Blog
December 18, 2014
Getting Paid for Work Done: Doesn’t the Employer Define The Employee’s Principal Activity?
Kentucky Employment Law Blog
December 13, 2014
What Is the Individualized Inquiry Required by the ADA?
Kentucky Employment Law Blog
December 12, 2014
Are FDA Experts Compromised? Money Doesn’t Talk It Swears
… and Justice for All
December 11, 2014
Pregnancy Discrimination in the Supreme Court
Kentucky Employment Law Blog
December 11, 2014
Time Spent Waiting In After-Shift Security Checkout Line Not Compensable, Supreme Court Rules
Kentucky Employment Law Blog
December 10, 2014
Noncompetes & Dog Walkers
Kentucky Employment Law Blog
December 3, 2014
The Pregnancy Discrimination Act and Justice Ginsburg Come Full Circle
Kentucky Employment Law Blog
December 2, 2014
Must a Plaintiff Sue Over the First Act of Discrimination or Forfeit Her Right to Sue Over Any Act of Discrimination?
Kentucky Employment Law Blog
December 1, 2014
Does a Defendant Forfeit Acceptance of Responsibility Credit, If He Contests the Application of a Role in the Offense Enhancement?
… and Justice for All
November 29, 2014
Noncompetes & Low-wage Workers
Kentucky Employment Law Blog
November 26, 2014
The Grand Jury and Ferguson, Missouri
… and Justice for All
November 25, 2014
The Ripples from Vance v. Ball State University
Kentucky Employment Law Blog
November 24, 2014
Overtime & Salaried Workers – So Why Did Overtime Disappear?
Kentucky Employment Law Blog
November 19, 2014
Outback Steakhouse Overtime Suit
Robert Abell Law Blog
November 17, 2014
“Pretext” In “Substantial Factor” and “Mixed-Motive” Cases
Kentucky Employment Law Blog
November 6, 2014
Do Innocent People Plead Guilty? Part 2
… and Justice for All
November 4, 2014
FMLA – Measuring the Temporal Proximity Between the Exercise of FMLA Rights and Retaliation
Kentucky Employment Law Blog
November 3, 2014
Tort Reform Leads to More Medical Errors, Higher Healthcare Costs and No More Patient Care Physicians, Studies Conclude
… and Justice for All
November 2, 2014
Corporations, Campaign Contributions, Lobbyists and State Attorney Generals …. and Justice for All
… and Justice for All
October 30, 2014
Employer’s Failure to File Alleged Arbitration Agreement In the Record Dooms Its Effort to Compel Arbitration, Sixth Circuit Rules
Kentucky Employment Law Blog
October 1, 2014
ERISA Plans May Have Two Types of Administrators
Kentucky Employment Law Blog
September 18, 2014
Case Managers – Exempt from Overtime?
Robert Abell Law Blog
September 15, 2014
Health Insurance Case Managers File Class Action for Unpaid Overtime
Kentucky Employment Law Blog
September 15, 2014
How Flexible Is the Similarly-Situated Employee Doctrine?
Kentucky Employment Law Blog
September 8, 2014
Independent Contractor or Employee – One Way to Steal Overtime
Robert Abell Law Blog
September 7, 2014
Wages & Overtime: Getting Paid What You’ve Earned
Robert Abell Law Blog
September 6, 2014
“They Just Want Somebody Younger” = Direct Evidence of Age Discrimination
Kentucky Employment Law Blog
September 5, 2014
An Employer Cannot Fire An Employee Because the Employee Refuses to Commit Perjury
Kentucky Employment Law Blog
August 25, 2014
FMLA: Equitable Relief Enough to Support Claim
Kentucky Employment Law Blog
August 20, 2014
Fraudulent Inducement; Did An Employer’s Misrepresentations About Continuing Healthcare Insurance Convince an Employee to Work for Free?
Kentucky Employment Law Blog
August 18, 2014
How Did Sex Discrimination Get Included in the Civil Rights Act?
Kentucky Employment Law Blog
July 27, 2014
The Gender Wage Gap: An Infographic
Kentucky Employment Law Blog
July 13, 2014
Lane v. Franks: Even Though It Would be A Crime, Supreme Court Rules that Public Employer Is Entitled to Qualified Immunity From Any Damages
Kentucky Employment Law Blog
June 23, 2014
Noncompete Agreements: Are They Proliferating for No Good Reason?
Kentucky Employment Law Blog
June 10, 2014
False Claims Act: Sixth Circuit Rejects Arbitration of Retaliation Claims
Kentucky Employment Law Blog
May 27, 2014
Does a New Arbitration Agreement Apply to an Already Pending Lawsuit?
Kentucky Employment Law Blog
May 17, 2014
FMLA: A “Strong Presumption In Favor of Liquidated Damages” Says the Eighth Circuit
Kentucky Employment Law Blog
May 14, 2014
Shift Supervisors and Overtime Pay
Kentucky Employment Law Blog
May 5, 2014
ADA: How To Tell Whether a Job Function Is Essential
Kentucky Employment Law Blog
April 29, 2014
ADA: An Employer’s Good Faith Obligation
Kentucky Employment Law Blog
March 3, 2014
ADA: Determining What Is an “Essential Function” Of a Job
Kentucky Employment Law Blog
February 28, 2014
Pregnancy Discrimination: Who Is Similarly-Situated?
Kentucky Employment Law Blog
December 30, 2013
Pregnancy Discrimination: Do Pregnancy-Related Restrictions Mean That The Employee Is No Longer Qualified For Her Job?
Kentucky Employment Law Blog
December 27, 2013
The Conduct of a Nondecisionmaker May Be Probative of Whether an Adverse Action Was Motivated by Discrimination
Kentucky Employment Law Blog
December 3, 2013
Who Are Comparable Employees In A RIF Case?
Kentucky Employment Law Blog
December 2, 2013
“It Strains Credulity to Imagine That the Qualifications for a Sales Position … Are Unrelated to Demonstrated Sales Ability,” Sixth Circuit Observes in Reversing Summary Judgment
Kentucky Employment Law Blog
December 1, 2013
Is Wage Theft A National Epidemic?
Kentucky Employment Law Blog
November 13, 2013
Kentucky Supreme Court Ethics Rules for Lawyers Do Not Represent Public Policy, Sixth Circuit Rules
Kentucky Employment Law Blog
November 12, 2013
FMLA Retaliation: What Is An “Adverse Employment Action?”
Kentucky Employment Law Blog
October 7, 2013
What Is An Equivalent Position Under the FMLA?
Kentucky Employment Law Blog
October 1, 2013
Employee Cannot Waive Claims Under the Equal Pay Act, Sixth Circuit Rules
Kentucky Employment Law Blog
August 27, 2013
In Farmer Case, We Could Push Law So Far to Criminalize Politics
Lexington Herald-Leader
April 30, 2013
The Executive, Administrative & Professional Exemptions to the Overtime Requirement
Kentucky Justice Association
January, 2010
Tort Reformers Want Cruel Cure for Fictional Ill
Lexington Herald-Leader
January 4, 2010
There You Go Again: Admissibility of Other Bad Evidence Under KRE 404(b)
Kentucky Justice Association
May, 2009
Ask An Attorney Questions, Demand Straight Answers
Lexington Herald-Leader
March 2, 2009
Law Helps Workers Recover Fair Pay
Lexington Herald-Leader
February 10, 2009
Congress Must Fix Inequitable Drug Sentences
Lexington Herald-Leader
February 14, 2005
Liability Suits Are Path To Justice
Lexington Herald-Leader
February 28, 2000

Websites & Blogs

Website


Robert L. Abell
120 NORTH UPPER STREET
Lexington, KY 40507
US
Telephone: (859) 254-7076
Fax: (859) 281-6541