Kim Koratsky, a member of Wyatt, Tarrant & Combs LLP’s Labor and Employment Service Team, is serving as one of two editors of the firm’s new blog, Wyatt Employment Law Report, available at wyattemployment.wordpress.com.

Koratsky’s clients have included health care groups; transportation, logistics and delivery companies; charitable organizations; and restaurant operators. He has assisted companies with human resources needs, wage and hour advice, supervisor training and drafting employee agreements. He also has counseled municipalities on compliance issues under the Fair Labor Standards Act.

Koratsky graduated summa cum laude with a bachelor’s degree from the University of Illinois-Springfield and received his juris doctorate from the University of Memphis Cecil C. Humphreys School of Law, where he received the Dean’s Distinguished Award, the CALI Awards in Property and Torts and the Dean’s Awards in Property and Torts.

Koratsky is a member of the Memphis, Tennessee, Illinois, Federal and American bar associations. He also is a member of The Federal Lawyer’s editorial board and is a contributing author for the publication.

He is a Tennessee Supreme Court Rule 31-listed mediator and has served as a mediator for Mediation and Restitution/Reconciliation Services, an alternative sentencing method for the Shelby County Juvenile Court.

Koratsky is a member of the board of directors for Page Robbins Adult Day Care and has served on the executive board and Staff Parish Relations Committee of Christ United Methodist Church.

Q: What role did you play in launching the firm’s employment blog? Do you have any ideas or plans to expand the blog’s services as it develops?

A: I am one of the editors and a contributing author. We are still in the construction process, but we have the blog far enough along that we felt comfortable with going live. In the future, we intend to put up new content as we see new developments in labor and employment law, but we also intend to add some of our articles, previously published elsewhere, that contain information that is still pertinent. Finally, we hope to use reader feedback for adding new information and material that is of interest.

Q: The blog will track the progress of labor- and employment-related legislation, such as the Employee Free Choice Act. What do you find most pertinent about the EFCA as it stands now?

A: That (majority) sign-up provision is probably one of the biggest issues. One thing that labor and management could always count on was the anonymous election process. If that anonymity is removed by the card check provision of the EFCA, then I think both sides lose a valuable part of the process. Even if the card check provision is eliminated, the versions of the act currently being floated still contain objectionable elements, such as accelerated elections and time periods for agreeing on the first contract, as well as mandatory arbitration in the event the parties cannot agree on the provisions for the first contract.

Q: What attracted you to labor and employment law?

A: I spent a number of years managing and owning businesses prior to attending law school, so I knew the importance of a good employer/employee relationship to the success of any business. As I progressed through law school, I came to realize that I really enjoyed the human resources-related classes. This area of the law also allows me to do advice and counsel work, as well as litigation/administrative practice. Normally, the nice part of doing advice and counsel is that we can typically prevent litigation, or at least diminish the adverse effects, by prompt and prudent action on employee concerns and putting in place good, sound workplace rules and practices.

Q: What experiences have you found helped you the most in arguing large cases, such as ones that deal with the Fair Labor Standards Act or the Family and Medical Leave Act?

A: We approach all matters the same, whether they are large or small. You are right, though, that these are areas that are complex as far as laws and regulations, and what I try to do is distill it so jurors can understand the lengths my client has gone in order to comply. In terms of my background, it is probably my business experience prior to law school that helps me the most. I was a worker and a manager prior to starting law school. This experience enables me to see and understand both sides of the issue. Also, this background often helps me understand the business decisions that caused the dispute.

Q: As a mediator for Mediation and Restitution/Reconciliation Services for Juvenile Court, what did you do? How does this service provide for alternative sentencing for juveniles?

A: When I was mediating for MARRS, we put juvenile offenders (for minor offenses) and the parents face-to-face with the victim and helped the parties arrive at a just resolution for the offense. For example, for a juvenile (who) vandalized someone’s property, we might help the parties negotiate restitution for the damage, some type of community service, and, most important, an apology. Occasionally, the juvenile would suggest the community service be for the victim (cleaning the yard, trimming the hedges, etc.) so that they could make a direct amends for what they did.

Q: What is the most important service you provide to an employer?

A: Typically, it is much cheaper to prevent the problem than it is to defend a lawsuit. The advantage of labor and employment law being a hybrid practice is that I provide both preventative measures, as well as defense once a suit or administrative charge is filed. To me, the most important (aspect) of service is the advice and counsel to help employers avoid the suit or charge. That is why communication like the blog is so important – it provides information that may help our clients avoid problems. Often, folks start a business and, as it grows, they are so busy managing the business, they do not have time to deal with things before they become a problem. When we take time to do things such as auditing whether employees are properly classified under the Fair Labor Standards Act, we can find employees who should be paid overtime or discover a minimum-wage issue before it becomes a serious problem. It is also very helpful to develop employee handbooks and policies that make the employees’ duties and responsibilities clear.