Labor & Employment News AlertWhat Governor Wolf’s Order for “Non-Life-Sustaining” businesses to close meansMarch 20, 2020 Governor’s Wolf prior order for a statewide shut down of all “non-essential” businesses has been expanded to all “non-life-sustaining” businesses. These efforts follow the Governor’s disaster emergency declaration on March 6, 2020, pursuant to 35 Pa. C.S. § 7301(c). On March 19, 2020, the Governor ordered a prohibition on “non-life-sustaining” businesses citing to the powers vested in his office… Indiana Governor Takes Action to Protect Hoosier Businesses Against Effects of COVID-19March 20, 2020 On March 19th, Indiana Governor Eric Holcomb took additional action to protect and support Hoosier businesses during the COVID-19 outbreak by signing Executive Order 20-05 (EO) – which in addition to providing protection for individuals, provides economic relief and protection for Hoosier business enterprises. Summary of H.R. 6201, Families First Coronavirus Response ActMarch 18, 2020 On March 13, 2020, President Trump declared the Coronavirus (COVID-19) pandemic a national emergency. Shortly after midnight on March 14, 2020, the U.S. House of Representatives overwhelmingly voted to pass the Families First Coronavirus Response Act (H.R. 6201) in response to the Coronavirus outbreak to reduce the economic impact on individuals and business taxpayers. Although the bill is still… The Coronavirus: Q & A For Employers Part 2 (revised March 18, 2020)March 17, 2020 On Wednesday, March 11, 2020, the World Health Organization (“WHO”) announced that the coronavirus (“COVID-19”) has become a pandemic. The virus has infected nearly 120,000 people in 114 countries. More than 4,000 have died. In Part 2 of our series, we continue to answer questions that employers have presented to us.
Question: We provide critical support to a healthcare system and we cannot… The Coronavirus: Q & A For EmployersMarch 11, 2020 On Wednesday, March 11, 2020, the World Health Organization (“WHO”) announced that the coronavirus (“COVID-19”) has become a pandemic. The virus has infected nearly 120,000 people in 114 countries. More than 4,000 have died. We answer some basic questions that employers have presented.
Question: I have an employee with flu-like symptoms. Can I send them home or ask them to seek medical attention?… Eliminating Absurd Outcomes under the Wage Payment and Collection ActMarch 6, 2020 On March 6, 2020, the West Virginia Legislature approved an amendment (HB 2646) to the West Virginia Wage Payment and Collection Act (“WPCA”) that will encourage employers and employees to quickly resolve disputes regarding untimely payment of wages without having to pay liquidated damages or attorneys’ fees. The WPCA requires West Virginia employers to pay all wages to a separated employee by… Mark Dellinger to Present on “How to Win at Settlement, Mediation and Trial” as part of NBI Employment Seminar in Charleston on March 11March 5, 2020 Attend and earn CLEs Mark Dellinger, the Co-Leader of Jackson Kelly’s Labor and Employment Group, will be co-presenting at the National Business Institute’s Seminar, entitled “Workplace Disputes: From Administrative Review to Trial,” on Wednesday, March 11, 2020. His presentation topic is: “How to Win at Settlement, Mediation and Trial.” The seminar will be held at the Holiday Inn Express… Supreme Court Rules in Favor of Retirement Plan ParticipantsMarch 2, 2020 On February 26, 2020, the United States Supreme Court issued a significant and unanimous ERISA decision inIntel Corporation Investment Policy Committee v. Sulyma where the Court held that a plaintiff must have actual knowledge of an alleged fiduciary breach to trigger a shorter three-year statute of limitations period. According to the decision, a plan participant does not have actual knowledge… Finally!: National Labor Relations Board Releases Final Rule Addressing Joint-Employer StatusFebruary 25, 2020 The National Labor Relations Board (“NLRB”) unveiled its final rule today which greatly narrows the scope of the “joint-employer” test under which franchisers and businesses that use third-party employees could be held jointly liable under federal labor law. The NLRB began the rulemaking process late in 2018 and received more than 30,000 public comments on the proposed changes. The new rule will… Mark Dellinger and Grace Hurney Co-Author Employment Law Article for the West Virginia Law Review OnlineJanuary 21, 2020 Mark Dellinger and Grace Hurney, members of the firm’s Labor and Employment Group, have co-authored an article entitled “The West Virginia Workers’ Compensation Act: Providing ‘Sweeping Immunity’ From Common Law Tort Claims in Employment Discrimination Cases.” This article was published on January 17, 2020, by the West Virginia Law Review Online and is cited at 122 W. Va. L. Rev. Online 2. If you… Grace Hurney to Give Employment Law Presentation at WVCLE Litigation 2020 Seminar on February 8January 13, 2020 Grace Hurney, a member of the firm’s Labor and Employment Group, will be giving a presentation at the WVCLE Litigation 2020 Seminar on Saturday, February 8, 2020. Her topic is entitled “Litigating Motions to Dismiss in Employment Cases.” ACA: Another Court Decision but Questions RemainJanuary 2, 2020 In a December 16, 2018 blog post, we shared an opinion from a district court in Texas holding that the individual mandate provision of the Affordable Care Act is unconstitutional because Congress eliminated the tax penalty associated with that mandate as part of the Tax Cuts and Jobs Act of 2017. The court opined that, because the United State Supreme Court previously upheld the individual… |
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