Monthly Archives: May 2010

GETTING THE MESSAGE?

In 2007, the United States Supreme Court issued a narrowly-divided 5-4 decision in the well-known Ledbetter v. Goodyear Tire and Rubber case where the Court held that, with respect to decisions regarding the payment of wages to an employee, the clock for bringing a lawsuit for discrimination under Title VII of the Civil Rights Act begins when the agreement to pay a particular employee was made, rather than the date of the most recently-issued paycheck.

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PROPOSED NEW WV RULES OF APPELLATE PROCEDURE SPOTLIGHT WV HUMAN RIGHTS PRACTICE

Last week, the West Virginia Supreme Court of Appeals unveiled its much-anticipated revisions to the Rules of Appellate Procedure, and in the process announced ten seminars – open to the public – detailing the proposed rule changes. A list of those meetings and additional information about the proposed rules can be found in the Supreme Court of Appeals’ press release on the matter here: http://www.state.wv.us/wvsca/press/may17_10.pdf

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EMPLOYMENT IMPLICATIONS OF ELENA KAGAN’S NOMINATION FOR THE U.S. SUPREME COURT

It was big, albeit not entirely unexpected, news several weeks ago when liberal United States Supreme Court Justice John Paul Stevens, 90 — who was appointed to the nation’s highest court by former President Gerald Ford in the wake of Watergate — announced that he would step down from the Court and retire at the end of the current term in the summer of 2010 after approximately 35 years of distinguished service.

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AT-WILL EMPLOYMENT: ALIVE AND WELL IN WEST VIRGINIA

On May 5th, the West Virginia Supreme Court of Appeals issued yet another decision in a recent spate of labor and employment rulings relevant for employers statewide. In Barry Swears v. R. M. Roach & Sons, Inc., Docket No. 35309 (W. Va. 2010), the Court upheld the termination of an at-will employee who claimed he was wrongfully discharged in violation of a substantial public policy.

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WORKERS COMP AND LIGHT DUTY

“Workers comp premiums are killing me. Is there some way to keep my experience rating lower?” This is a question we get a lot from employers. Policies requiring prompt reporting of injuries and consistent enforcement of safety rules are a good starting point. If an employee nevertheless is injured and receives TTD benefits, having a well thought out light duty policy can also help.

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