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Author Archives: Matthew B. Hansberry

WHERE’S THE BEEF

Almost everyone directly involved in litigation has seen it.
Posted in Discrimination (Title VII / EEO), General Employer Interest | Leave a comment

PAYING YOUR OWN WAY: H-2B GUEST WORKERS AND THE FLSA

Whether it’s a matter of trying to stay on top of I-9 form changes or keeping up with the immensely controversial immigration law that the state of Arizona brought forward earlier this year, immigration-related issues certainly have been in the news a lot in the last 12 months or so.  Nevertheless, immigration matters remain a [...]
Posted in Hiring, Immigration, Wage and Hour | Leave a comment

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 [...]
Posted in Americans with Disabilities Act (ADA), Discrimination (Title VII / EEO) | Leave a comment

TO BE CRUDE OR TO BE HARASSED?

What’s an onslaught of labor and employment decisions without a juicy sexual harassment case? Continuing the pattern of growth in labor and employment jurisprudence we’ve seen in the last several months, the Fourth Circuit Court of Appeals’ recent decision in EEOC v. Fairbrook Medical Clinic, P.A. revisited the standard governing sex-based hostile work environment claims brought [...]
Posted in Discrimination (Title VII / EEO), Harassment | Leave a comment

CAPTURING A MOMENT N TIME: THE VALUE OF WITNESS STATEMENTS

So you have a disgruntled employee in your ranks; allegations start to fly; and somewhere in the process, that person’s employment is terminated (maybe even voluntarily). What should you do? If nothing else, devote the appropriate level of attention to the allegations, and treat the situation as though it may eventually be the subject of [...]
Posted in Human Relations | Leave a comment

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