-
Steptoe & Johnson Recent News- Gene Jazwinski Joins Steptoe & Johnson May 16, 2012
- PA PUC Issues Order for Unconventional Well Impact Fees May 15, 2012
- WV Legislative Update - 5/11/12 May 11, 2012
- Land Management Bureau Issues Fracing Regs for Public Lands May 9, 2012
- Jim Wright Sworn in as WV State Bar President May 9, 2012
Author Archives: James C. Wright
WOLFE 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 Collection Act, W. Va. § 21-5-1, et. seq. In Wolfe, et al. v. Adkins, et. al., Number 101476 (Sept. 29, 2011), the [...]
OSHA 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 announced several comprehensive changes to the program all employers should know about.
“POOR” PENNSYLVANIA: U.S. CHAMBER CASTS A CRITICAL EYE AT THE COMMONWEALTH’S EMPLOYMENT POLICIES
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 usually ranked well below its neighboring states in these studies. Well, West Virginia may finally have some company in the Chamber’s eyes.
Posted in General Employer Interest Leave a comment
SPEAK 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. Last week, in Kasten vs. Saint-Gobain Performance Plastics Corp., No. 09-834, the United States Supreme Court once again retaliated against employers by ruling [...]
Posted in General Employer Interest Leave a comment
THE 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, Pennsylvania continuing through the Northern Panhandle of West Virginia towards Charleston, small town hotels and restaurants are overflowing with the commerce that [...]
Posted in General Employer Interest Leave a comment
PULLING 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 other avenues in an effort to boost union membership. In doing so, it recently handed a lot of employers a lump of coal in their stockings just [...]
A 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 treatment” discrimination, they must demonstrate that a similarly situated person in a non-protected group was actually treated differently.
RUN 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 claims against their employers.
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 issue another, and this time, hopefully settle a deep conflict among the Federal Circuits with respect to an issue that has [...]
LEHMAN V. UNITED BANK, INC.: WHAT CONSTITUTES A “LAY-OFF” UNDER THE WAGE PAYMENT AND COLLECTION ACT