Labor&Employment Personnel File

U.S. Supreme Court Addresses Text Messaging on Employer-Provided Systems

Last week, in City of Ontario, California v. Quon, 560 U.S. ____ (2010), the United States Supreme Court looked at the issue of the privacy of workplace text messages. Quon involved the question of whether a police officer had the reasonable expectation of privacy in text messages that were sent using a pager issued by the Ontario Police Department. The opinion of the Court, issued by Justice Kennedy, held that government employers have the right to read transcripts of employees’ e-mails or instant messages if needed for a legitimate work-related purpose.

U.S. Supreme Court rejects authority of two-member NLRB

Yesterday, in a 5-4 decision, the Supreme Court of the United States ruled that a two-member National Labor Relations Board did not have the authority to issue decisions.  In New Process Steel, L.P. v. National Labor Relations Board, 560 U.S. ___ (2010), Justice Stevens, writing for the majority, explained that while the National Labor Relations Act permitted the Board to act in panels of three, that authority did not extend to a Board comprised of only two members. 

West Virginia Expands State Discrimination Law

Recently, the Supreme Court of Appeals of West Virginia further expanded the reach of the West Virginia Human Rights Act, which prohibits employers and others from discriminating against individuals in protected categories such as race, age, gender and disability. Finding that an insurance company acting in its capacity as a provider of insurance services is a “person” subject to liability under the Act, the Court determined that even third parties can assert a cause of action for allegedly discriminatory insurance settlements. Michael v. Appalachian Heating, LLC and State Auto Company, ___ S.E.2d ___ (W.Va. 2010).

Jay E. Ingle and Elizabeth E. Nicholas to speak about employment background checks at upcoming seminar

In today’s employment world, employers continue to face the challenge of respecting employees’ rights and privacy while ensuring that they have a safe work environment and productive workforce.

Jay E. Ingle and Elizabeth E. Nicholas of Jackson Kelly’s Labor and Employment Practice Group will be presenting at the University of Kentucky's upcoming Twelfth Biennial Employment Law Seminar in Lexington, Kentucky, where they will speak on the "Law of Employee Background Checks". Their presentation will address the business and legal reasons for conducting employee background checks, including a discussion of the torts of negligent hiring and negligent retention.  The presentation will also provide guidance regarding various types of employee background checks such as criminal histories, credit checks, and drug testing.

West Virginia Legislature Considers the “Flexible Leave Act”

A bill that potentially impacts employers that provide paid leave, The Flexible Leave Act (HB 4387), is moving through the West Virginia House of Delegates.  The bill requires all employers that provide accrued, paid leave to permit employees to use that leave to care for a member of their immediate family, which is defined as a spouse, parent or child, with an illness.  The new requirement would apply to all types of leave, including sick leave, vacation, paid time off ("PTO") and "compensatory time," whether provided under company policy or collective bargaining agreement. 

The 'New and Improved' ADA Amendments Act

Originally published in the Winter 2010 Edition of Chamber’s W.Va. Human Resources Journal

 

Congress enacted the ADA Amendments Act, which went into effect last year, for the explicit purposes of providing expansive protections from disability discrimination and reversing U.S. Supreme Court decisions that Congress felt were inconsistent with the goals of the Americans with Disabilities Act.  In conjunction with the new law, the Equal Employment Opportunity Commission issued proposed regulations consistent with the idea of expansive coverage.

Health Care Reform is Already Underway - New Laws May Affect Your Company's Health Care Plans

Unbeknownst to some, health care reform has started already. Jackson Kelly lawyer Erin Magee recently wrote an article that explores three new laws that Congress quietly adopted and how they may impact employers’ group health care plans and the way that those plans cover participants and provide benefits.

 

To read the article that appeared in the Oct. 9, 2009 edition of The State Journal, click here.  

 

The State Journal is a weekly business newspaper in West Virginia.

Jackson Kelly Attorney Writes Article About Alternatives to Layoffs

W. Scott Evans, an attorney in the Labor and Employment Practice Group, wrote an article for the fall issue of Capacity magazine about alternatives to layoffs in today’s economic climate.

 

Capacity is published twice a year (spring and fall) by the Robert C. Byrd Institute for Advanced Flexible Manufacturing (RCBI) at Marshall University, and each issue reaches an estimated 25,000 business and industry leaders.  Its goal is to promote economic development and bolster manufacturing across West Virginia.

 

To read Mr. Evans’ article, click here.

 

 

 

Governor Ritter Signs Legislation Mandating Unpaid Leave

On June 1, Colorado Governor Bill Ritter signed the Parental Involvement in K-12 Education Act.  The legislation requires employers to provide unpaid leave for nonsupervisory employees to attend parent-teacher conferences and other activities related to the educational advancement of their children.  The new law takes effect on August 4, and applies to employers with at least 50 workers.

The Act provides:

DOL Publishes Model Cobra Notices to Explain Stimulus Premium Subsidy

As promised, the Department of Labor has published model notices for employers to use to notify eligible employees about their rights under COBRA and the premium subsidy provided as part of the American Recovery and Reinvestment Act of 2009 (also known as the stimulus package).  The model notices can be found here.