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…
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."
Earlier this week, the Supreme Court of Appeals of West Virginia applied the plain meaning of the labor dispute disqualification provisions of the unemployment compensation statute to determine whether striking employees properly received benefits. In Verizon Services Corp. v. Board of Review, a unanimous opinion authored by Justice Loughry, the Supreme Court reversed a circuit court decision and…
Last week, the Supreme Court of Appeals of West Virginia continued the trend of affirming arbitration agreements negotiated by the parties. In Hampden Coal v. Varney, a full opinion by Justice Loughry, the Court enforced an arbitration provision in an employment contract and found it required the arbitration of plaintiff’s complaint, which asserted claims of deliberate intent and violations of…
Last week, the National Labor Relations Board, voting 3-2 on party lines, rolled back several Obama Administration-era decisions that were widely criticized as significant changes to well-established Board law in an effort to roll back some of the more controversial rulings.
First, on late Friday afternoon, the Board overturned it decision in Specialty Healthcare, which allowed so-called…
In a substantial victory for employers, the Seventh Circuit recently held that an extended medical leave after the expiration of FMLA leave was not a reasonable accommodation required by the ADA. Severson v. Heartland Woodcraft, 7th Cir. Sept. 20, 2017. This ruling is a significant rebuttal of the EEOC’s enforcement stance that employees are entitled to leave as a reasonable…
In a 3-2 decision released late Friday, the Supreme Court of Appeals of West Virginia held that West Virginia Code §55-7E-3 and West Virginia Code §55-7-29 became effective in all civil cases that had not been tried as of June 8, 2015, the date that both statutes were enacted. Helio Martinez v. Asplundh Tree Expert Co., No. 17-0039 (June 16, 2017). The…
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…
On February 12, 2016, West Virginia became the 26th state to pass a “right to work” law. While Governor Earl Ray Tomblin initially vetoed the “West Virginia Workplace Freedom Act,” both the Senate and the House of Delegates voted to override his veto.
Without “right to work” laws, employees who are covered under a collective bargaining agreement but are not members of a union are required to pay a…
On Wednesday, February 3, 2016, the U.S. District Court, Western District of Kentucky addressed the issue of whether a right-to-work law may be enacted solely by a state or territorial government, or whether a local government may pass a law prohibiting union-security agreements. The Court ruled that the local regulation, in this case a Hardin County right to work ordinance, was invalid as…
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…
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…
