January 30, 2019
In a decision that will benefit companies that rely on independent contractors, particularly ride-share services, the National Labor Relations Board issued an opinion last week reverting to its pre-Obama-Era standard for determining whether a worker is an independent contractor or an employee for purposes of the National Labor Relations Act.
The case, SuperShuttle DFW, Inc., 367 N.L.R.B. No. 75…
September 24, 2018
On June 6, 2018, following the NLRB’s decision on The Boeing Company, 365 NLRB No. 154 (Dec. 14, 2017), NLRB General Counsel Peter Robb issued a Guidance Memorandum (18-04) on how NLRB Regional Offices should interpret workplace rules. Boeing’s new standard strikes a balance between an employers’ right to govern its workplace and an employees’ right to exercise their Section 7 rights. When…
April 29, 2018
On April 10, 2018, Judge Thomas E. Johnston of the U.S. District Court for the Southern District for West Virginia granted summary judgment to Frontier West Virginia Inc. (Frontier) in a case brought under the Family and Medical Leave Act (FMLA) by a former employee (the plaintiff). Specifically, the plaintiff alleged that Frontier interfered with his FMLA rights by denying him requested leave…
April 22, 2018
Jill E. Hall and Justin M. Harrison of the Firm's Charleston, WV office will be presenting at the West Virginia Chamber of Commerce 2018 Human Resources Conference in Charleston on April 26, 2018.
Jill will be discussing "What's Going On with Healthcare: The Latest Changes and Impacts on Your Employee Benefits Program." Justin will be discussing "Guns in the Workplace."
The Human Resources…
May 19, 2016
The Fair Labor Standards Act (“FLSA”) applies to employees of enterprises that have an annual gross volume of sales made or business done of $500,000 or more. On May 18, 2016, the Department of Labor (“DOL”) released the final updated version of the regulations governing which executive, administrative, and professional employees are entitled to overtime pay protections under the FLSA. The…
April 6, 2015
In the last two weeks, Governor Earl Ray Tomblin signed three employment-related bills that will significantly improve the climate for employers to do business in West Virginia. All three align West Virginia law with corresponding law in most other jurisdictions.
First, and SB318 amend the Wage Payment and Collection Act. With the passage of SB12, gone is the…
March 10, 2015
Workplace bullying is becoming a hot topic for news stories and human resource departments. Clients frequently call and ask “Should I really be concerned about bullying in our workplace?” Workplace bullying is the deliberate, hurtful mistreatment or humiliation of one or more employees driven by a desire to intimidate and control. Some of the forms it takes are constant and unfair…
March 3, 2015
The Mobile Workforce State Income Tax Simplification Act of 2015, (S.B. 386) was introduced in the United States Senate on February 5th, 2015. The Bill seeks to address tax compliance issues for employers whose employees have brief tours of duty in multiple states. It also seeks to reduce compliance issues for the employees who are required to report income via tax returns in various states that…
January 30, 2019
In a decision that will benefit companies that rely on independent contractors, particularly ride-share services, the National Labor Relations Board issued an opinion last week reverting to its pre-Obama-Era standard for determining whether a worker is an independent contractor or an employee for purposes of the National Labor Relations Act.
The case, SuperShuttle DFW, Inc., 367 N.L.R.B. No. 75…
September 24, 2018
On June 6, 2018, following the NLRB’s decision on The Boeing Company, 365 NLRB No. 154 (Dec. 14, 2017), NLRB General Counsel Peter Robb issued a Guidance Memorandum (18-04) on how NLRB Regional Offices should interpret workplace rules. Boeing’s new standard strikes a balance between an employers’ right to govern its workplace and an employees’ right to exercise their Section 7 rights. When…
April 29, 2018
On April 10, 2018, Judge Thomas E. Johnston of the U.S. District Court for the Southern District for West Virginia granted summary judgment to Frontier West Virginia Inc. (Frontier) in a case brought under the Family and Medical Leave Act (FMLA) by a former employee (the plaintiff). Specifically, the plaintiff alleged that Frontier interfered with his FMLA rights by denying him requested leave…
April 22, 2018
Jill E. Hall and Justin M. Harrison of the Firm's Charleston, WV office will be presenting at the West Virginia Chamber of Commerce 2018 Human Resources Conference in Charleston on April 26, 2018.
Jill will be discussing "What's Going On with Healthcare: The Latest Changes and Impacts on Your Employee Benefits Program." Justin will be discussing "Guns in the Workplace."
The Human Resources…
May 19, 2016
The Fair Labor Standards Act (“FLSA”) applies to employees of enterprises that have an annual gross volume of sales made or business done of $500,000 or more. On May 18, 2016, the Department of Labor (“DOL”) released the final updated version of the regulations governing which executive, administrative, and professional employees are entitled to overtime pay protections under the FLSA. The…
April 6, 2015
In the last two weeks, Governor Earl Ray Tomblin signed three employment-related bills that will significantly improve the climate for employers to do business in West Virginia. All three align West Virginia law with corresponding law in most other jurisdictions.
First, and SB318 amend the Wage Payment and Collection Act. With the passage of SB12, gone is the…
March 10, 2015
Workplace bullying is becoming a hot topic for news stories and human resource departments. Clients frequently call and ask “Should I really be concerned about bullying in our workplace?” Workplace bullying is the deliberate, hurtful mistreatment or humiliation of one or more employees driven by a desire to intimidate and control. Some of the forms it takes are constant and unfair…
March 3, 2015
The Mobile Workforce State Income Tax Simplification Act of 2015, (S.B. 386) was introduced in the United States Senate on February 5th, 2015. The Bill seeks to address tax compliance issues for employers whose employees have brief tours of duty in multiple states. It also seeks to reduce compliance issues for the employees who are required to report income via tax returns in various states that…
