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Labor & Employment News Alert

State employment legislation

WVSCA Holds County Commissions Owning Public Hospitals are not "Employers" under WV Human Rights Act or Whistle-Blower Law, nor "Health Care Entities" under the Patient Safety Act

The Supreme Court of Appeals of West Virginia, in a decision important to healthcare employers, recently held that county commissions that own public hospitals are not “employers” under the West Virginia Human Rights Act or Whistle-Blower Law, nor are they “health care entities” for purposes of the Patient Safety Act.  

In State of West Virginia Ex Rel. Grant County Commission v. Lynn Nelson et al.…

UPDATED Jackson Kelly Attorneys file Amicus Brief for Kentucky Chamber, SHRM, and others On Unemployment Issue in Kentucky

Jackson Kelly attorneys Jay Ingle and Alexander Gardner recently filed an Amicus Brief with the Kentucky Supreme Court on behalf of a number of prominent business organizations in a case addressing whether employers are required to be represented by attorneys at unemployment compensation hearings. Arguing that employers should not be required to use attorneys in every unemployment matter, Jackson…

Jackson Kelly Attorneys file Amicus Brief for Kentucky Chamber, SHRM, and others on Unemployment Issue in Kentucky

Jackson Kelly attorneys Jay Ingle and Alexander Gardner recently filed an Amicus Brief with the Kentucky Supreme Court on behalf of a number of prominent business organizations in a case addressing whether employers are required to be represented by attorneys at unemployment compensation hearings. Arguing that employers should not be required to use attorneys in every unemployment matter, Jackson…

West Virginia Supreme Court Upholds State’s Right to Work Law

On April 21, 2020, the Supreme Court of Appeals of West Virginia upheld the constitutionality of West Virginia’s Right to Work law and reversed a circuit court decision that found otherwise. The Court has remanded the case to the circuit court with directions to enter summary judgment in favor of the State of West Virginia. The entire decision can be found here.

In 2016, the West Virginia…

Safe Harbor Provision of the West Virginia Wage Payment and Collection Act

On March 25, 2020, Governor Jim Justice signed into law an amendment to the West Virginia Wage Payment and Collection Act (“WPCA”) that provides a “safe harbor” to employers, allowing them an opportunity to correct underpayment or nonpayment of wages and fringe benefits due to separated employees prior to the start of lengthy - and costly - litigation.

Before the passage of this law, if an…

Eliminating Absurd Outcomes under the Wage Payment and Collection Act

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…

There's still time to register for the Labor & Employment Seminar on January 25!

Learn about the latest changes in labor and employment law at the upcoming Labor & Employment Seminar on January 25, 2019 at the Tropicana Conference Center. Our topics focus on new trends in employment and labor law and include an outlook for the 2019 Indiana Legislative Session. Continuing Legal Education (CLE) credits are pending. Download the invitation here

 

The Latest Edition of the JK Defense Newsletter and an Upcoming Free Seminar

Learn about the latest changes in labor and employment law in the attached JK Defense Newsletter and an upcoming Labor & Employment Seminar on January 25, 2019 at the Tropicana Conference Center. Our topics focus on new trends in employment and labor law and include an outlook for the 2019 Indiana Legislative Session. Continuing Legal Education (CLE) credits are pending. Download the invitation …

WV Supreme Court Denies Unemployment Compensation Benefits to Striking Employees

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…

A BUSY NLRB SIGNALS RETURN TO LONG-STANDING PRECEDENT AND LENDS PREDICTABILITY TO ALL WORKPLACES

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…

 

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