Labor&Employment Personnel File

West Virginia Legislature Again Considering the "Flexible Leave Act"

The Flexible Leave Act (HB 2770), a bill that potentially impacts employers that provide paid leave to employees, is once again moving through the West Virginia House of Delegates.  The bill requires large employers (with over 50 employees) 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 and compensatory time, whether provided under company policy or collective bargaining agreement.  

NLRB Proposed New Rule Requiring Posting of NLRA Rights

A proposed new National Labor Relations Board rule, if adopted, will require employers to post notices to employees regarding their rights and the obligations of unions and employers under the National Labor Relations Act. If adopted, the rule will require employers to post another set of notices, in addition to those notices already required to be posted under the Fair Labor Standards Act, the Occupational Safety and Health Act, the Family and Medical Leave Act as well as a variety of state and federal employment discrimination laws.

Erin E. Magee Writes Article in the State Journal

Erin E. Magee wrote an article published in the November 2010 issue of The State Journal.  Her article, titled New Laws Impact Corporate Wellness Programs, focuses on the current and future pros and cons of corporate wellness programs based on new federal legislation.  Click here to read the article in its entirety.

For more information on the author see here.

Magee to Speak on Hot Topics in Wage and Hour Law at WV Chamber's Human Resources Conference

Wage and hour lawsuits are on the rise nationwide, and the Department of Labor is setting an aggressive new agenda under the Obama Administration.  

Erin E. Magee will speak about trends and changes in state and federal law as it relates to both litigation and day-to-day operations at the West Virginia Chamber of Commerce’s 2010 Human Resources Conference on Dec. 14-15, 2010. Click here for more information or to register for the event.

WV High Court Limits Evidence of Non-Party Discrimination Claims at Trial

For the past several years, West Virginia employers defending discrimination and wrongful discharge claims at trial often have been forced to defend multiple employment actions at the same time in the form of testimony from non-party employees who also allege discrimination or wrongful treatment in an effort to show a pattern or practice of bad employer acts. However, this case-within-a-case tactic may have taken a blow last week from the Supreme Court of Appeals of West Virginia. 

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.