Labor & Employment News Alert

A recent legal challenge may determine the enforceability of West Virginia’s parking lot bill

July 19, 2019

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…

Tough times for “Fat Cat” and “Scabby the Rat:” NLRB Advice Memo says use of inflatables may be an illegal form of secondary picketing

May 19, 2019

In a recently released Advice Memorandum, the National Labor Relations Board’s (NLRB) Division of Advice indicated that use of inflatables by a Union at an employer’s entrance can be a violation of the National Labor Relations Act (NLRA).

For those unfamiliar with these creatures, Scabby the Rat is a red-eyed, ghastly inflatable cartoon rat that can reach up to 30 feet tall that is deployed by…

Uber Drivers Dealt Significant Blow in Union Organization Efforts

May 14, 2019

The National Labor Relations Board (NLRB) released an advice memorandum on May 14, 2019, in which it advised that Uber drivers are not “employees” of the company, but rather independent contractors.

The move is the first major policy decision under the Trump Administration dealing with the “gig” or “sharing” economy. A gig economy is one in which temporary, flexible jobs are commonplace and…

Employers Must Provide Pay Data to EEOC by September 30

April 24, 2019

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…

U.S. Supreme Court to Decide Whether Title VII Protects Gay and Transgender Employees

April 22, 2019

The U.S. Supreme Court has decided to take up a trio of cases involving a hot-button employment law issue for federal courts.  The Court has been asked to decide whether Title VII of the Civil Rights Act, which bans discrimination “based on . . . sex,” protects gay and transgender employees.  On April 22, the Court granted petitions for certiorari, agreeing to hear the cases.

The cases involve…

A Perfectly Clear Win for Successor Employers in Recent NLRB Decision

April 18, 2019

In a decision earlier this month, the National Labor Relations Board reversed precedent on successor employer bargaining obligations. In Ridgewood Health Care Center (367 NLRB No.110), the Board limited the circumstances in which a successor employer of a unionized workforce forfeits its right to set initial terms and conditions of employment for its employees.

At the outset, the Board agreed with…

Sullivan to Present at the EHR 2019 Spring Conference April 24

April 9, 2019

Chad Sullivan will be presenting "FMLA Master Class: Managing FMLA and avoiding RISK!" at the Evansville-Area Human Resource (EHR) Association's 2019 Spring Conference on Wednesday, April 24, at the Old National Events Plaza, in Evansville, IN.

In his presentation, Chad will discuss daily management issues for managers and supervisors to effectively administer leaves and reduce a company’s…

Adkins and Hall to Present at 2019 Human Resources Conference

March 20, 2019

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…

Pre-Employment Examinations Can Be Key Evidence in Disability Discrimination Actions

March 11, 2019

The West Virginia Supreme Court of Appeals has “declined to impose a duty on employers to second-guess a reasonable, independent medical opinion that an employee, or prospective employee, is not physically qualified for a position.” Rather, in Woods v. Jefferds Corporation, the Court reaffirmed that an “employer is entitled to rely and act upon the written advice from a physician that an employee…

Notice of Proposed Rulemaking: DOL Proposes Overtime Pay Expansion

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…

Best to Keep it to Yourself: 4th Circuit Finds That False Gossip Can Give Rise to a Hostile Work Environment

February 25, 2019

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…

NLRB REVERSES COURSE ON “ENTREPRENEURIAL OPPORTUNITIES”

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…