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Author Archives: J. A. Curia III
KENTUCKY FEDERAL COURT PERMITS EMPLOYER TO SHORTEN THE STATUTE OF LIMITATIONS
An employee filled out an application for employment that, among other things, required her to bring any employment-related claims against her employer within one year of the action giving rise to the claim. Eighteen months after she was allegedly wrongfully terminated, the employee brought suit against her employer.
Posted in General Employer Interest Leave a comment
SUPREME COURT TO SHED LIGHT ON LARGE CLASS ACTION DISCRIMINATION CLAIMS
The United States Supreme Court has recently agreed to hear an appeal in a class action gender discrimination case involving current and former female Wal-Mart employees. Commentators have dubbed this as the largest class action case in history – with some estimates placing the size of the class at as many as 2 million plaintiffs [...]
WEST VIRGINIA SUPREME COURT: EMPLOYEES CAN SIMULTANEOUSLY RECEIVE SOCIAL SECURITY AND TEMPORARY TOTAL DISABILITY BENEFITS — UP TO 80% OF THEIR PRE-INJURY WAGE
In West Virginia, workers injured in the course of their employment often seek workers’ compensation benefits. These benefits are provided to workers by employers in accordance with state law. One type of workers’ compensation benefit that is frequently sought by injured employees is temporary total disability benefits. Temporary total disability benefits are awarded to workers [...]
INTERNSHIP PROGRAMS AND VOLUNTEERS: TO PAY OR NOT TO PAY, PART 2
In a piece back in May, we discussed whether employers should be paying their summer interns. As you gear up this winter for hiring 2011 summer interns – and with the U.S. Department of Labor’s (DOL) Wage and Hour Division stepping up their enforcement — you may find it a good time to formally structure [...]
WHEN IN NEED OF PRIVACY, LOOK TO YOUR LAWYER
A little over a month ago in this space, we wrote about the United States Supreme Court’s landmark decision in Quon v. City of Ontario, in which the nation’s highest Court upheld an employer’s right to examine personal messages an employee sent on an employer-issued pager.
WEST VIRGINIA SUPREME COURT: IT DOESN’T COST $660K TO DEMOTE A FOUL-MOUTHED SUPERVISOR
Imagine this scenario: a company conducts an anonymous employee survey and learns that its employees are dissatisfied with management practices. The company investigates to figure out the source of the dissatisfaction and learns that no less than nine employees have heard a particular supervisor use foul language. Among other things, the employees state that they [...]







LESSONS FROM THE PENN STATE SCANDAL: REPORTING CHILD ABUSE AT WORK