July 30, 2018
This past May, the National Football League (“NFL”) unilaterally announced a change to its National Anthem policy, following a divisive 2017 season that saw players engaging in protests, plummeting television ratings, and negative publicity, including criticism from President Donald Trump. This change in policy required all players on the field to stand at attention while the anthem is played,…
July 2, 2018
On June 27, 2018, the Supreme Court of the United States ruled against public-sector unions by deciding that “agency fees”—payments made to the union by workers who are not union members that cover the costs of collective bargaining—are violative of First Amendment. You can read the opinion, Janus v. American Federation of State, County, and Municipal Employees, Council 31, here.
In ruling…
April 29, 2018
On April 10, 2018, Judge Thomas E. Johnston of the U.S. District Court for the Southern District for West Virginia granted summary judgment to Frontier West Virginia Inc. (Frontier) in a case brought under the Family and Medical Leave Act (FMLA) by a former employee (the plaintiff). Specifically, the plaintiff alleged that Frontier interfered with his FMLA rights by denying him requested leave…
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…
February 18, 2018
Last week, the Supreme Court of Appeals of West Virginia continued the trend of affirming arbitration agreements negotiated by the parties. In Hampden Coal v. Varney, a full opinion by Justice Loughry, the Court enforced an arbitration provision in an employment contract and found it required the arbitration of plaintiff’s complaint, which asserted claims of deliberate intent and violations of…
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…
May 19, 2016
The Fair Labor Standards Act (“FLSA”) applies to employees of enterprises that have an annual gross volume of sales made or business done of $500,000 or more. On May 18, 2016, the Department of Labor (“DOL”) released the final updated version of the regulations governing which executive, administrative, and professional employees are entitled to overtime pay protections under the FLSA. The…
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…
July 30, 2018
This past May, the National Football League (“NFL”) unilaterally announced a change to its National Anthem policy, following a divisive 2017 season that saw players engaging in protests, plummeting television ratings, and negative publicity, including criticism from President Donald Trump. This change in policy required all players on the field to stand at attention while the anthem is played,…
July 2, 2018
On June 27, 2018, the Supreme Court of the United States ruled against public-sector unions by deciding that “agency fees”—payments made to the union by workers who are not union members that cover the costs of collective bargaining—are violative of First Amendment. You can read the opinion, Janus v. American Federation of State, County, and Municipal Employees, Council 31, here.
In ruling…
April 29, 2018
On April 10, 2018, Judge Thomas E. Johnston of the U.S. District Court for the Southern District for West Virginia granted summary judgment to Frontier West Virginia Inc. (Frontier) in a case brought under the Family and Medical Leave Act (FMLA) by a former employee (the plaintiff). Specifically, the plaintiff alleged that Frontier interfered with his FMLA rights by denying him requested leave…
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…
February 18, 2018
Last week, the Supreme Court of Appeals of West Virginia continued the trend of affirming arbitration agreements negotiated by the parties. In Hampden Coal v. Varney, a full opinion by Justice Loughry, the Court enforced an arbitration provision in an employment contract and found it required the arbitration of plaintiff’s complaint, which asserted claims of deliberate intent and violations of…
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…
May 19, 2016
The Fair Labor Standards Act (“FLSA”) applies to employees of enterprises that have an annual gross volume of sales made or business done of $500,000 or more. On May 18, 2016, the Department of Labor (“DOL”) released the final updated version of the regulations governing which executive, administrative, and professional employees are entitled to overtime pay protections under the FLSA. The…
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…
