West Virginia News & Analysis

  • Tackle coronavirus fears with practical, legal knowledge

    With news of spreading disease, travel restrictions and bans, and quarantines dominating the news, it's no surprise that employees have questions about the coronavirus/COVID-19 and whether they risk exposure at work. So, an understanding of how to respond is critical. The issues fall into two basic categories: practical considerations and how an employer can be legally compliant while keeping employees safe.

  • Celebrating Black Barbie's humble South Carolina roots

    This year marks the 40th anniversary of Mattel's very first black Barbie® , which debuted in 1980 and was designed by fashion pioneer Kitty Black Perkins, a native of Spartanburg, South Carolina. Perkins' hard work and determination made her not only an icon of the fashion world and Mattel's first African-American designer but also a champion for diversity and inclusion in the workplace and beyond.

  • Employers on alert after restaurant bath video goes viral

    Recently, a TikTok video of a Wendy's employee taking a bath in the restaurant sink went viral on the Internet. Unsurprisingly, the employee was promptly fired. In our age of mass social media activities, the incident serves as a helpful reminder of how companies may be affected by their employees' online behavior—whether on-the-job or not.

  • Healthcare providers urged to plan for the worst as coronavirus spreads

    As the number of novel coronavirus (COVID-19) cases continues to grow in the United States, healthcare employers are urged to review and update their policies and procedures relating to public health emergencies and infectious disease outbreaks. Providers should be prepared to execute protocols if a suspected or confirmed case is identified within their organization or community. Read on to learn about precautions providers can take now to prepare.

  • NC court sets standard for denying jobless benefits in equivocal circumstances

    North Carolina employers should be aware of a recent North Carolina Court of Appeals decision regarding unemployment insurance benefits. When analyzing whether a former employee's termination was voluntary or involuntary—and, by extension, whether he is eligible for unemployment benefits—the court clarified the issue must be resolved by determining whether a reasonable person would have believed he resigned.

  • Don't hold your breath: Two-year gap too large for retaliatory discharge claim

    The Tennessee Court of Appeals recently ruled that a two-year gap between a workers' compensation claim and a termination couldn't support a retaliatory discharge claim.

  • Cutting-Edge HR

    Fighting labor shortage with charter buses. With the unemployment rate hitting historic lows, many employers are struggling to find workers. Package delivery giant FedEx is fighting the problem by turning to chartering buses to bring people in from areas with available workers. The Wall Street Journal featured FedExs program in an article that explains how the company buses workers to its Memphis, Tennessee, hub from areas hours away in Mississippi. The workers earn starting wages of $13.26 an hour, better wages than are available in their home area, where manufacturing jobs have been lost. The busing program runs year-round and was nearing its first anniversary when the article was published.

  • Federal Watch

    Bill gives paid parental leave to 2 million federal workers. A bill including a provision to grant federal workers up to 12 weeks of paid parental leave has passed as part of a larger defense bill backed by President Donald Trump. The bill passed the Senate on December 17 and had previously passed the House. Its expected to provide paid parental leave for more than 2 million federal workers and was backed by Ivanka Trump, the presidents daughter and a key adviser. The parental leave part of the bill was supported by many Democrats and opposed by many Republicans. It was one of the legislative compromises reached during the runup to the impeachment fight.

  • ACA wends its way back to the Supreme Court

    he U.S. Supreme Court has agreed to hear oral arguments on religious exemptions to the Affordable Care Act's (ACA) requirement that employers cover birth control in their healthcare plans. Sixteen attorneys general filed an amicus (friend-of-the-court) brief with the Court in which they argued that forcing companies with religious objections to birth control to pay for it violates the Religious Freedom Restoration Act (RFRA).

  • Dispute over bonus plan defeats wage and hour claim

    After an employer changed the terms of an employee bonus plan, a misunderstanding developed and led to a finding that the employees' claimed wages hadn't been "agreed upon," resulting in rejection of their wage and hour suit.