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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: Matthew B. Hansberry
LINHART V. ZITELLI & BROADLAND P.C.: A LESSON IN DOCUMENTATION AND PROMPT ACTION
It probably comes as no surprise that documentation, or the lack thereof, can play a critical role in matters that lead to litigation. An example of how a lack of documentation, combined with a delay in acting upon a decision, can have a negative impact on an employer’s defense is reflected in Linhart v. Zitelli [...]
Posted in Discipline and Discharge Leave a comment
THE MINISTERIAL EXCEPTION TO EMPLOYMENT DISCRIMINATION SUITS: Hosanna-Tabor v. EEOC
Earlier this month in a case styled Hosanna-Tabor v. EEOC, the U.S. Supreme Court handed down a significant decision for religious employers throughout the country. For the first time, the U.S. Supreme Court recognized a ministerial exception to employment discrimination suits. The ministerial exception bars discrimination claims by individuals in the clergy against certain religious [...]
A WEST VIRGINIA WAGE PAYMENT & COLLECTION ACT REFRESHER ON SURVIVING THE JUNGLE
Although most employers doing business in the Mountain State have at least some familiarity with the West Virginia Wage Payment & Collection Act (“WPCA”), the law remains a unique animal that still presents the occasional pitfall for employers. If you’re an employer, these are a few of the WPCA traps that are worth keeping on [...]
Posted in Wage and Hour Leave a comment
THE LATEST ON DONNING AND DOFFING UNDER THE FLSA: TO PAY OR NOT TO PAY
As most employers know, there has been considerable litigation under the Fair Labor Standards Act (“FLSA”) over the years regarding whether employers must pay employees for time spent putting on and taking off (i.e, “donning and doffing”) various types of gear during the workday. Because donning and doffing is always a hot topic in the [...]
WORKERS’ COMPENSATION DISCRIMINATION: “I WANT TO TRANSFER” DOESN’T MEAN “I QUIT”
Last month, the Supreme Court of Appeals of West Virginia did something that it rarely does, and the fact that it took this very uncommon action in an employment case should get the attention of employers everywhere.
ALARMING ASPECTS OF THE NLRB’S CASE AGAINST BOEING: PART 2
If the NLRB should prevail in its suit against Boeing, more than an employer’s right to speak the truth plainly may be in jeopardy. It is conceivable that an employer’s right to make fundamental decisions, such as where to locate operations, will be curtailed by this Board. Throughout the complaint, the NLRB’s acting general counsel has [...]
TO BE OR NOT TO BE: FOURTH CIRCUIT CLAIRFIES THE SCOPE OF THE FLSA’S EXECUTIVE EXEMPTION
Issuing a favorable decision for employers, the Fourth Circuit Court of Appeals – which covers West Virginia – recently clarified its position on the executive exemption contained in the Fair Labor Standards Act (“FLSA”). The case, titled Grace v. Family Dollar Stores, Inc., involved a former Family Dollar Stores manager who sued the retail business [...]
LET THE MADNESS BEGIN
For those of you who love college basketball, early spring is a special time of year. Why? It marks the heart of March Madness. College basketball fans everywhere love it for the nail-biting finishes, the Cinderella stories, and the thrill of pulling for their teams. People love it for the brackets. Television networks love it [...]
LET IT SNOW, LET IT SNOW, LET IT SNOW
Inclement Weather: What’s Your Policy? At the risk of stating the obvious, our mountainous region is one where the winters are marked by snow accumulation and ice. And, while fresh snowfall can be a beautiful thing, snowy and icy driving conditions are usually a bit less charming, especially for an employer whose employees aren’t able [...]
SEX AND SEVERANCE: DULANEY V. PACKAGING CORP. OF AMERICA