There's still time to register! Attend the Employment Law Seminar: Trends in WV Employment, Labor and Benefits Law
October 10, 2018
Download invitation here
NLRB’s Proposed Rulemaking on the Joint Employer Standard
September 30, 2018
In September 2018, the National Labor Relations Board issued a proposed rule to establish a new standard for determining joint employer status under the National Labor Relations Act. Under the proposed rule, an employer may be considered a joint employer of another employer’s employees only if the two employers share or co-determine the employees’ essential terms and conditions of employment,…
Attend the Employment Law Seminar: Trends in WV Employment, Labor and Benefits Law
September 25, 2018
Download invitation here
Employment Handbook Rules Post-Boeing
September 24, 2018
On June 6, 2018, following the NLRB’s decision on The Boeing Company, 365 NLRB No. 154 (Dec. 14, 2017), NLRB General Counsel Peter Robb issued a Guidance Memorandum (18-04) on how NLRB Regional Offices should interpret workplace rules. Boeing’s new standard strikes a balance between an employers’ right to govern its workplace and an employees’ right to exercise their Section 7 rights. When…
DEPARTMENT OF LABOR ISSUES OPINION LETTER REGARDING NO-FAULT ATTENDANCE POLICIES AND THE FMLA
August 30, 2018
This week, the Department of Labor issued a new opinion letter regarding the Family and Medical Leave Act of 1993 (FMLA). The letter provides important guidance to employers who maintain a no-fault attendance policy and serves as a reminder that FMLA leave must be considered similar to that of other types of leave when reducing points assigned to employees.
The Opinion Letter (FMLA2018-1-A)…
Takeaways From the NFL National Anthem Controversy for Unionized Employers
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,…
A practice pointer for accommodating disabilities: Make sure your decisions are based on supportable facts!
July 22, 2018
A recent case from the Sixth Circuit underscores the complexity associated with accommodating individuals with disabilities and the problems that arise when employers deny requests for accommodations. In Hostettler v. The College of Wooster, No. 5:15-cv-01601 (6th Cir. July 17, 2018), the Court reversed summary judgment for Wooster and revived plaintiff’s claim for disability discrimination under…
U.S. Supreme Court Rules Against Union in Public Employee Fees Dispute
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…
The Latest Arbitration Decision By The United States Supreme Court Is Epic
May 24, 2018
On May 21, 2018, the United States Supreme Court, in a 5-4 decision, held that employment arbitration agreements containing class and collective litigation waivers must be enforced under the Federal Arbitration Act (FAA). Justice Neil Gorsuch penned the majority decision, in Epic Systems Corporation v. Lewis, stating “Congress has instructed in the [Federal] Arbitration Act that arbitration…
Federal Court Grants Summary Judgment in FMLA Case of First Impression in West Virginia
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…
West Virginia Chamber of Commerce 2018 Human Resources Conference
April 22, 2018
Jill E. Hall and Justin M. Harrison of the Firm's Charleston, WV office will be presenting at the West Virginia Chamber of Commerce 2018 Human Resources Conference in Charleston on April 26, 2018.
Jill will be discussing "What's Going On with Healthcare: The Latest Changes and Impacts on Your Employee Benefits Program." Justin will be discussing "Guns in the Workplace."
The Human Resources…
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…
Blog 
There's still time to register! Attend the Employment Law Seminar: Trends in WV Employment, Labor and Benefits Law
October 10, 2018
Download invitation here
NLRB’s Proposed Rulemaking on the Joint Employer Standard
September 30, 2018
In September 2018, the National Labor Relations Board issued a proposed rule to establish a new standard for determining joint employer status under the National Labor Relations Act. Under the proposed rule, an employer may be considered a joint employer of another employer’s employees only if the two employers share or co-determine the employees’ essential terms and conditions of employment,…
Attend the Employment Law Seminar: Trends in WV Employment, Labor and Benefits Law
September 25, 2018
Download invitation here
Employment Handbook Rules Post-Boeing
September 24, 2018
On June 6, 2018, following the NLRB’s decision on The Boeing Company, 365 NLRB No. 154 (Dec. 14, 2017), NLRB General Counsel Peter Robb issued a Guidance Memorandum (18-04) on how NLRB Regional Offices should interpret workplace rules. Boeing’s new standard strikes a balance between an employers’ right to govern its workplace and an employees’ right to exercise their Section 7 rights. When…
DEPARTMENT OF LABOR ISSUES OPINION LETTER REGARDING NO-FAULT ATTENDANCE POLICIES AND THE FMLA
August 30, 2018
This week, the Department of Labor issued a new opinion letter regarding the Family and Medical Leave Act of 1993 (FMLA). The letter provides important guidance to employers who maintain a no-fault attendance policy and serves as a reminder that FMLA leave must be considered similar to that of other types of leave when reducing points assigned to employees.
The Opinion Letter (FMLA2018-1-A)…
Takeaways From the NFL National Anthem Controversy for Unionized Employers
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,…
A practice pointer for accommodating disabilities: Make sure your decisions are based on supportable facts!
July 22, 2018
A recent case from the Sixth Circuit underscores the complexity associated with accommodating individuals with disabilities and the problems that arise when employers deny requests for accommodations. In Hostettler v. The College of Wooster, No. 5:15-cv-01601 (6th Cir. July 17, 2018), the Court reversed summary judgment for Wooster and revived plaintiff’s claim for disability discrimination under…
U.S. Supreme Court Rules Against Union in Public Employee Fees Dispute
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…
The Latest Arbitration Decision By The United States Supreme Court Is Epic
May 24, 2018
On May 21, 2018, the United States Supreme Court, in a 5-4 decision, held that employment arbitration agreements containing class and collective litigation waivers must be enforced under the Federal Arbitration Act (FAA). Justice Neil Gorsuch penned the majority decision, in Epic Systems Corporation v. Lewis, stating “Congress has instructed in the [Federal] Arbitration Act that arbitration…
Federal Court Grants Summary Judgment in FMLA Case of First Impression in West Virginia
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…
West Virginia Chamber of Commerce 2018 Human Resources Conference
April 22, 2018
Jill E. Hall and Justin M. Harrison of the Firm's Charleston, WV office will be presenting at the West Virginia Chamber of Commerce 2018 Human Resources Conference in Charleston on April 26, 2018.
Jill will be discussing "What's Going On with Healthcare: The Latest Changes and Impacts on Your Employee Benefits Program." Justin will be discussing "Guns in the Workplace."
The Human Resources…
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…
