Labor & Employment News Alert
Wage and hour issues
February 6, 2024
On February 5, 2024, a regional director for the National Labor Relations Board (NLRB) concluded that Dartmouth College’s men’s basketball players are “employees,” and that, as employees, they are eligible to unionize. The decision has seismic implications and further clouds the future of the NCAA’s “amateur” status.
In her decision, Regional Director Laura Sacks stated: “Because Dartmouth has the…
October 20, 2023
In Noonan v. Consolidated Shoe Company, No. 21-2328 (4th Cir. Oct. 19, 2023), the United States Court of Appeals for the Fourth Circuit stressed the need for proper comparators in wage discrimination cases. The Court also emphasized the employee’s burden to prove a causal link between alleged gender-based discrimination and adverse employment actions.
The Fourth Circuit affirmed the district…
March 27, 2020
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…
March 23, 2020
On Tuesday, March 10, 2020, Governor Jared Polis declared a state of emergency in Colorado relative to Coronavirus (“COVID-19”). The very next day, the Colorado Department of Labor and Employment (“CDLE”) passed emergency rules regarding paid sick leave and access to wage support. While the focus surrounding COVID-19 is generally about keeping ourselves and those around us safe from the virus,…
March 6, 2020
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…
March 7, 2019
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…
January 30, 2019
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…
January 6, 2019
Since we just turned the page on 2018, it is time to focus on what labor and employment law developments may be in store for employers in 2019. This post highlights several labor and employment regulatory and case law developments that may come to fruition this year.
1. The U.S. Equal Employment Opportunity Commission (EEOC) is scheduled to release a new proposal in June regarding how employers…
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…
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…
March 3, 2015
The Mobile Workforce State Income Tax Simplification Act of 2015, (S.B. 386) was introduced in the United States Senate on February 5th, 2015. The Bill seeks to address tax compliance issues for employers whose employees have brief tours of duty in multiple states. It also seeks to reduce compliance issues for the employees who are required to report income via tax returns in various states that…
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