MEOW: ‘CAT’S PAW’ LIABILITY TO FINALLY BE SETTLED?
While the United States Supreme Court already has issued a host of employment-related decisions this year – some of which we discussed here, here, here and here – the Nation’s Highest Court will soon...
View ArticleRUN FORREST, RUN
A little over a week ago, in a legal climate that has already seen wage claims on the rise, the West Virginia Supreme Court of Appeals made things even easier for employees in the state to bring wage...
View ArticleA COMPARATIVE LESSON
Recently, the Supreme Court of Appeals of West Virginia took occasion to hand down an important decision reminding employees in the state that if they are going to sue their employer for “disparate...
View ArticlePULLING OUT ALL THE STOPS WITH THE EFCA TRAIN STALLED
With the Employee Free Choice Act (ECFA) clearly stalled and not going anywhere in Congress anytime soon, the democratic-controlled National Labor Relations Board (NLRB) is unsurprisingly turning to...
View ArticleTHE MARCELLUS SHALE AND EMPLOYMENT OPPORTUNITIES IN WEST VIRGINIA
All one needs to do to realize that a mini industrial revolution is occurring throughout our tri-state region is to drive on the rural roads that populate the area. From Williamsport to Waynesburg,...
View ArticleSPEAK UP IF YOU WANT TO BE A PART OF THE RETALIATION MOVEMENT
Under the Fair Labor Standards Act of 1938 (FLSA), it is illegal for an employer to discharge or discriminate against an employee who “filed any complaint” concerning an alleged violation of the FLSA....
View Article“POOR” PENNSYLVANIA: U.S. CHAMBER CASTS A CRITICAL EYE AT THE COMMONWEALTH’S...
Most interested observers know that the United States Chamber of Commerce consistently ranks the West Virginia legal system, generally speaking, quite poorly for employers. In fact, West Virginia is...
View ArticleOSHA REVAMPS WHISTLEBLOWER PROGRAM
On the heels of a Government Accountability Office (GAO) audit that found “significant problems” with the Occupational Safety and Health Administration’s Whistleblower Protection Program, OSHA recently...
View ArticleWOLFE V. ADKINS: WAGE PAYMENT AND COLLECTION ACT CLARIFIED IN FAVOR OF EMPLOYERS
Every employer and human resource professional with an interest in West Virginia needs to be aware of a recent decision from the West Virginia Supreme Court of Appeals concerning the Wage Payment and...
View ArticleLEHMAN V. UNITED BANK, INC.: WHAT CONSTITUTES A “LAY-OFF” UNDER THE WAGE...
The West Virginia Supreme Court of Appeals has just handed-down an opinion reviewing provisions of the Wage Payment and Collection Act (“WPCA”) that all employers will find interesting. In Lehman v....
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