Monthly Archives: September 2010

THE DANGER OF NLRB CHANGES TO THE UNION ELECTION PROCESS

Conventional wisdom is that the “card check” bill – also known as The Employee Free Choice Act – is not going anywhere in Congress (though there is some threat that a lame-duck Congress might pass EFCA ). Employers are right to celebrate this news, and to feel a sense of relief that such a disastrous step on the part of our legislature seemingly has been averted.

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YOU’VE GOT MAIL (AND A LAWSUIT): MOBILE COMMUNICATION DEVICES AND THE WAGE AND HOUR PITFALLS THEY PRESENT

These days, it’s hard to imagine life without some form of mobile communication device attached to our ear, hip, or thumbs.  Blackberries, iPhones, Droids and the like are as much a required fashion accessory as a productivity tool nowadays.  As such, employees have long since abandoned the traditional complaints about being issued employer-required “cell phones.”  The texts, social networking, games and other apps — not to mention the distraction a properly loaded smartphone can provide for a fussy child in the backseat — make the “constant contact” with the office bearable.

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DIABETIC DISTINCTIONS: THE ADA AND THE ADAAA

While the enactment of the Americans with Disabilities Act Amendments Act of 2008 (“ADAAA”) has placed the landscape of federal disabilities law squarely in a state of transition, it continues to be the position of the West Virginia Supreme Court of Appeals that decisions interpreting the Americans with Disabilities Act of 1990 (“ADA”), the predecessor to the ADAAA, are helpful in interpreting the West Virginia Human Rights Act. With that in mind, and with the distinction between the ADA and the ADAAA lurking in the background, employers in West Virginia should pay particular attention to the Fourth Circuit’s recent decision – albeit unpublished – in Schneider v. Giant of Maryland, LLC.

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