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Labor & Employment News Alert
State employment legislation
WV Supreme Court Denies Unemployment Compensation Benefits to Striking Employees
March 15, 2018
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
December 17, 2017
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…
WV Supreme Court Holds That Statutes Abrogating the “Malice Exception” in Employment Litigation and Capping Punitive Damages Apply Immediately
June 19, 2017
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…
GOVERNOR TOMBLIN SIGNS EMPLOYMENT LEGISLATION WITH SIGNIFICANT IMPACT ON WEST VIRGINIA WORKPLACES
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…
WEST VIRGINIA SENATE PASSES SIGNIFICANT LEGISLATION RELATED TO DAMAGES AVAILABLE IN EMPLOYMENT CLAIMS
February 24, 2015
Employers who have defended employment discrimination and wrongful discharge suits in West Virginia courts know that the damages a plaintiff can obtain under state law are greater than those available in virtually any other jurisdiction. In fact, an employee who is fired from a West Virginia workplace can obtain more damages in court than an employee who is seriously injured in a West…
