Labor&Employment Personnel File

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.

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:

Personnel File Bill Introduced in West Virginia Legislature

An anticipated bill requiring employers to grant employees access to their personnel records has been introduced in the West Virginia House of Delegates.  H.B. 3032 can be found here.  The bill has been referred to the House Judiciary and Finance Committees.

Stimulus Bill Impacts COBRA

The American Recovery and Reinvestment Act of 2009, better known as the stimulus package, attempts to make it easier for employees who lose their jobs because of the struggling economy to elect and maintain continuing health care coverage under COBRA.  Specifically, eligible employees will have to pay only 35 percent of their COBRA premium, and the coverage provider will receive a tax credit for the remaining 65 percent. 

Podcast: "Tough Times, Tough Employment Decisions"

In light of the current global economic downturn, this podcast reviews some of the important legal issues West Virginia employers must understand when implementing layoffs, plant closings, terminations or reductions in wages and benefits.

 

Podcast Title:

Tough Times, Tough Employment Decisions

Author:

W. Scott Evans

Use of New I-9 Forms Delayed

This month, the Department of Homeland Security’s U.S. Citizenship and Immigration Services (“USCIS”) was expected to adopt a final rule and issue a new Form I-9 for employers to use to verify the employment eligibility of members of their workforces.  However, on February 3, 2009, the USCIS announced that the final rule would be delayed until April 3, 2009, and extended the comment period on the interim rule for 30 days.

Recruiting and Retaining Employees

Tools and Obstacles to Attracting and Retaining Employees

Originally published in the Fall 2008 issue of the West Virginia Human Resources Journal 

Recently, employers throughout the State of West Virginia have found themselves struggling with recruiting and retaining employees. For example, the coal and health care industries in particular are struggling with a shortage of qualified and experienced employees to meet their employment needs. In addition, four generations, from the Greatest Generation to the Millennials, and their differing approaches to work-life balances are moving in and out of all employers’ workforces and creating a new dynamic in the workplace.

Terminations: Practical Advice for Employers

Originally published in the 2008 Young Guns issue of the West Virginia Executive magazine

The increasing number of federal and state laws governing the employer-employee relationship has resulted in the ever increasing risk of legal liability to employers terminating employees. Verdicts in the six figure range are now more common than they have ever been. Despite the legal pitfalls and snares that exist when firing an employee, there are certain instances where terminations are not only appropriate but necessary in order to preserve the orderly and efficient operation of the organization.