March 17, 2020
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…
March 11, 2020
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?…
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 5, 2020
Attend and earn CLEs
Mark Dellinger, the Co-Leader of Jackson Kelly’s Labor and Employment Group, will be co-presenting at the National Business Institute’s Seminar, entitled “Workplace Disputes: From Administrative Review to Trial,” on Wednesday, March 11, 2020. His presentation topic is: “How to Win at Settlement, Mediation and Trial.” The seminar will be held at the Holiday Inn Express…
March 2, 2020
On February 26, 2020, the United States Supreme Court issued a significant and unanimous ERISA decision inIntel Corporation Investment Policy Committee v. Sulyma where the Court held that a plaintiff must have actual knowledge of an alleged fiduciary breach to trigger a shorter three-year statute of limitations period. According to the decision, a plan participant does not have actual knowledge…
February 25, 2020
The National Labor Relations Board (“NLRB”) unveiled its final rule today which greatly narrows the scope of the “joint-employer” test under which franchisers and businesses that use third-party employees could be held jointly liable under federal labor law. The NLRB began the rulemaking process late in 2018 and received more than 30,000 public comments on the proposed changes. The new rule will…
January 21, 2020
Mark Dellinger and Grace Hurney, members of the firm’s Labor and Employment Group, have co-authored an article entitled “The West Virginia Workers’ Compensation Act: Providing ‘Sweeping Immunity’ From Common Law Tort Claims in Employment Discrimination Cases.” This article was published on January 17, 2020, by the West Virginia Law Review Online and is cited at 122 W. Va. L. Rev. Online 2. If you…
January 13, 2020
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…
January 2, 2020
In a December 16, 2018 blog post, we shared an opinion from a district court in Texas holding that the individual mandate provision of the Affordable Care Act is unconstitutional because Congress eliminated the tax penalty associated with that mandate as part of the Tax Cuts and Jobs Act of 2017. The court opined that, because the United State Supreme Court previously upheld the individual…
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…
March 17, 2020
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…
March 11, 2020
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?…
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 5, 2020
Attend and earn CLEs
Mark Dellinger, the Co-Leader of Jackson Kelly’s Labor and Employment Group, will be co-presenting at the National Business Institute’s Seminar, entitled “Workplace Disputes: From Administrative Review to Trial,” on Wednesday, March 11, 2020. His presentation topic is: “How to Win at Settlement, Mediation and Trial.” The seminar will be held at the Holiday Inn Express…
March 2, 2020
On February 26, 2020, the United States Supreme Court issued a significant and unanimous ERISA decision inIntel Corporation Investment Policy Committee v. Sulyma where the Court held that a plaintiff must have actual knowledge of an alleged fiduciary breach to trigger a shorter three-year statute of limitations period. According to the decision, a plan participant does not have actual knowledge…
February 25, 2020
The National Labor Relations Board (“NLRB”) unveiled its final rule today which greatly narrows the scope of the “joint-employer” test under which franchisers and businesses that use third-party employees could be held jointly liable under federal labor law. The NLRB began the rulemaking process late in 2018 and received more than 30,000 public comments on the proposed changes. The new rule will…
January 21, 2020
Mark Dellinger and Grace Hurney, members of the firm’s Labor and Employment Group, have co-authored an article entitled “The West Virginia Workers’ Compensation Act: Providing ‘Sweeping Immunity’ From Common Law Tort Claims in Employment Discrimination Cases.” This article was published on January 17, 2020, by the West Virginia Law Review Online and is cited at 122 W. Va. L. Rev. Online 2. If you…
January 13, 2020
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…
January 2, 2020
In a December 16, 2018 blog post, we shared an opinion from a district court in Texas holding that the individual mandate provision of the Affordable Care Act is unconstitutional because Congress eliminated the tax penalty associated with that mandate as part of the Tax Cuts and Jobs Act of 2017. The court opined that, because the United State Supreme Court previously upheld the individual…
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…
