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…
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…
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?…
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.”
The two-day seminar will be held at the Canaan Valley Resort & Conference Center in Davis, West Virginia. If you are interested in attending or…
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…
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…
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…
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…
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…
After months of speculation, the U.S. Department of Labor (DOL) unveiled new overtime pay requirements on Thursday, March 7, 2019. The new proposal would raise the new salary threshold for white collar overtime exemptions will move to $35,308 per year under the Fair Labor Standards Act.
Workers who earn less than $35,308 per year (or $679 per week) would be automatically eligible for overtime pay…
On February 8, 2019, the Fourth Circuit, which covers West Virginia, ruled that false rumors in the workplace can give rise to liability for an employer for a hostile work environment. The case Parker v. Reema Consulting Services, Inc., begins innocently enough. The Plaintiff in this case was hired as a low-level clerk for Reema Consulting, but quickly rose through the ranks, receiving six…
In a decision that will benefit companies that rely on independent contractors, particularly ride-share services, the National Labor Relations Board issued an opinion last week reverting to its pre-Obama-Era standard for determining whether a worker is an independent contractor or an employee for purposes of the National Labor Relations Act.
The case, SuperShuttle DFW, Inc., 367 N.L.R.B. No. 75…