December 9, 2019
Riot Games, a Los Angeles based video game developer, has agreed to pay out $10 million in a settlement with a class of women who had brought claims of sexual harassment and gender discrimination. Announced in August 2019, court filings on December 2, 2019, revealed for the first time some of the terms of the settlement Riot Games reached with nearly 1,000 women who worked at the developer since…
August 19, 2019
The National Labor Relations Board (NLRB) published a Notice of Proposed Rulemaking on August 12, 2019, proposing changes to Part 103 of its Rules and Regulations. These amendments to Part 103 are aimed towards better protecting employees’ statutory right of free choice on issues regarding representation.
Specifically, the proposed amendments include:
1. Replacing the…
July 31, 2019
The #MeToo and Times Up movements may be coming to your bargaining table in the near future. Earlier this month, Netflix and a major Hollywood union, the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA), negotiated a contract containing anti-harassment protections in the form of prohibiting auditions from being held in private residences or hotel rooms. The…
July 19, 2019
A federal lawsuit may determine whether employees have the right to keep firearms in their cars while at work. On March 10, 2018, the West Virginia Legislature passed The Business Liability Protection Act (“the Act”), which has become commonly known as the “The Gun Bill” or “The Parking Lot Bill.” This legislation imposes liability and significant restrictions on an employer’s ability to manage…
May 19, 2019
In a recently released Advice Memorandum, the National Labor Relations Board’s (NLRB) Division of Advice indicated that use of inflatables by a Union at an employer’s entrance can be a violation of the National Labor Relations Act (NLRA).
For those unfamiliar with these creatures, Scabby the Rat is a red-eyed, ghastly inflatable cartoon rat that can reach up to 30 feet tall that is deployed by…
May 14, 2019
The National Labor Relations Board (NLRB) released an advice memorandum on May 14, 2019, in which it advised that Uber drivers are not “employees” of the company, but rather independent contractors.
The move is the first major policy decision under the Trump Administration dealing with the “gig” or “sharing” economy. A gig economy is one in which temporary, flexible jobs are commonplace and…
April 24, 2019
A federal judge ruled today that employers are required to provide 2018 pay data to the U.S. Equal Employment Opportunity Commission by September 30 detailing how much they paid workers as well as the number of hours worked. The data must be broken down by gender, race and ethnicity. The judge also ordered the EEOC to collect a second year of pay data and is allowing the Commission to decide…
April 22, 2019
The U.S. Supreme Court has decided to take up a trio of cases involving a hot-button employment law issue for federal courts. The Court has been asked to decide whether Title VII of the Civil Rights Act, which bans discrimination “based on . . . sex,” protects gay and transgender employees. On April 22, the Court granted petitions for certiorari, agreeing to hear the cases.
The cases involve…
April 18, 2019
In a decision earlier this month, the National Labor Relations Board reversed precedent on successor employer bargaining obligations. In Ridgewood Health Care Center (367 NLRB No.110), the Board limited the circumstances in which a successor employer of a unionized workforce forfeits its right to set initial terms and conditions of employment for its employees.
At the outset, the Board agreed with…
April 9, 2019
Chad Sullivan will be presenting "FMLA Master Class: Managing FMLA and avoiding RISK!" at the Evansville-Area Human Resource (EHR) Association's 2019 Spring Conference on Wednesday, April 24, at the Old National Events Plaza, in Evansville, IN.
In his presentation, Chad will discuss daily management issues for managers and supervisors to effectively administer leaves and reduce a company’s…
March 20, 2019
Two member of Jackson Kelly’s Labor and Employment Group, Wendy Adkins and Jill Hall, will both present at the WV Chamber’s 2019 Human Resources Conference to be held on Tuesday and Wednesday, April 9 and 10, 2019, at the Charleston Marriott Town Center, Charleston, WV. Both will be giving presentations on Wednesday, April 10. Jill will be presenting "Conducting Pay Equity Audits" and Wendy's…
March 11, 2019
The West Virginia Supreme Court of Appeals has “declined to impose a duty on employers to second-guess a reasonable, independent medical opinion that an employee, or prospective employee, is not physically qualified for a position.” Rather, in Woods v. Jefferds Corporation, the Court reaffirmed that an “employer is entitled to rely and act upon the written advice from a physician that an employee…
December 9, 2019
Riot Games, a Los Angeles based video game developer, has agreed to pay out $10 million in a settlement with a class of women who had brought claims of sexual harassment and gender discrimination. Announced in August 2019, court filings on December 2, 2019, revealed for the first time some of the terms of the settlement Riot Games reached with nearly 1,000 women who worked at the developer since…
August 19, 2019
The National Labor Relations Board (NLRB) published a Notice of Proposed Rulemaking on August 12, 2019, proposing changes to Part 103 of its Rules and Regulations. These amendments to Part 103 are aimed towards better protecting employees’ statutory right of free choice on issues regarding representation.
Specifically, the proposed amendments include:
1. Replacing the…
July 31, 2019
The #MeToo and Times Up movements may be coming to your bargaining table in the near future. Earlier this month, Netflix and a major Hollywood union, the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA), negotiated a contract containing anti-harassment protections in the form of prohibiting auditions from being held in private residences or hotel rooms. The…
July 19, 2019
A federal lawsuit may determine whether employees have the right to keep firearms in their cars while at work. On March 10, 2018, the West Virginia Legislature passed The Business Liability Protection Act (“the Act”), which has become commonly known as the “The Gun Bill” or “The Parking Lot Bill.” This legislation imposes liability and significant restrictions on an employer’s ability to manage…
May 19, 2019
In a recently released Advice Memorandum, the National Labor Relations Board’s (NLRB) Division of Advice indicated that use of inflatables by a Union at an employer’s entrance can be a violation of the National Labor Relations Act (NLRA).
For those unfamiliar with these creatures, Scabby the Rat is a red-eyed, ghastly inflatable cartoon rat that can reach up to 30 feet tall that is deployed by…
May 14, 2019
The National Labor Relations Board (NLRB) released an advice memorandum on May 14, 2019, in which it advised that Uber drivers are not “employees” of the company, but rather independent contractors.
The move is the first major policy decision under the Trump Administration dealing with the “gig” or “sharing” economy. A gig economy is one in which temporary, flexible jobs are commonplace and…
April 24, 2019
A federal judge ruled today that employers are required to provide 2018 pay data to the U.S. Equal Employment Opportunity Commission by September 30 detailing how much they paid workers as well as the number of hours worked. The data must be broken down by gender, race and ethnicity. The judge also ordered the EEOC to collect a second year of pay data and is allowing the Commission to decide…
April 22, 2019
The U.S. Supreme Court has decided to take up a trio of cases involving a hot-button employment law issue for federal courts. The Court has been asked to decide whether Title VII of the Civil Rights Act, which bans discrimination “based on . . . sex,” protects gay and transgender employees. On April 22, the Court granted petitions for certiorari, agreeing to hear the cases.
The cases involve…
April 18, 2019
In a decision earlier this month, the National Labor Relations Board reversed precedent on successor employer bargaining obligations. In Ridgewood Health Care Center (367 NLRB No.110), the Board limited the circumstances in which a successor employer of a unionized workforce forfeits its right to set initial terms and conditions of employment for its employees.
At the outset, the Board agreed with…
April 9, 2019
Chad Sullivan will be presenting "FMLA Master Class: Managing FMLA and avoiding RISK!" at the Evansville-Area Human Resource (EHR) Association's 2019 Spring Conference on Wednesday, April 24, at the Old National Events Plaza, in Evansville, IN.
In his presentation, Chad will discuss daily management issues for managers and supervisors to effectively administer leaves and reduce a company’s…
March 20, 2019
Two member of Jackson Kelly’s Labor and Employment Group, Wendy Adkins and Jill Hall, will both present at the WV Chamber’s 2019 Human Resources Conference to be held on Tuesday and Wednesday, April 9 and 10, 2019, at the Charleston Marriott Town Center, Charleston, WV. Both will be giving presentations on Wednesday, April 10. Jill will be presenting "Conducting Pay Equity Audits" and Wendy's…
March 11, 2019
The West Virginia Supreme Court of Appeals has “declined to impose a duty on employers to second-guess a reasonable, independent medical opinion that an employee, or prospective employee, is not physically qualified for a position.” Rather, in Woods v. Jefferds Corporation, the Court reaffirmed that an “employer is entitled to rely and act upon the written advice from a physician that an employee…
