With Christmas just days around the corner, we’d like to wish all our readers a happy, safe and enjoyable holiday season. For those in the world of HR and employment, we have a special treat to keep your spirits bright — our annual holiday poem:
Back in August, the United States Court of Appeals for the Fifth Circuit decided a case and ruled that the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) did not recognize claims of hostile work environment based on an employee’s membership in the National Guard or Reserves. Well, Congress was obviously not happy with that opinion nor the reporting and publicity about it – one part of which can be found in this forum here.
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. United Bank, Inc., Number 101486, (November 10, 2011), the Court was faced with reviewing a Circuit Court’s dismissal of a case filed by two former United Bank employees who alleged that they were owed liquidated damages for failure to pay severance pay within the WPCA’s 72-hour window when the employees’ positions were eliminated as a result of a merger.