West Virginia News & Analysis

  • Top 5 things to do if you suspect business data breach

    Are you ready for a data breach? Is your business prepared to address the potential data loss if a hacker infiltrates the network server housing your customers' personal information? Read on to learn how to answer the million-dollar questions that will inevitably come your way when a data breach occurs.

  • Best practices for responding to union information requests

    Employers have a duty to bargain collectively with unions in good faith about the employment terms and conditions for bargaining unit employees. The National Labor Relations Act (NLRA) and federal courts have interpreted the duty to bargain in good faith to require employers and unions to provide each other with relevant requested information, thereby facilitating informed collective bargaining and the administration or enforcement of the collective bargaining agreements (CBAs).

  • How to avoid unsavory union campaign? Follow these TIPS

    From the outset, West Virginia's legislative decision to become a right-to-work state has faced challenges, both legal and practical. For one thing, unions have become extremely active in attempting to organize nonunion companies and facilities. The lifeblood of any union is dues, and the state's right-to-work law has made it more difficult for unions to have unfettered access to that resource. Consequently, they've begun searching for new revenue streams.

  • Agency Action

    NLRB reveals rulemaking plans. The National Labor Relations Board (NLRB) in May announced its rulemaking priorities, which include proceeding with its rulemaking on a standard for joint employment. The Board's agenda also includes plans for rulemaking in the following areas: representation-case procedures; standards for blocking charges, voluntary recognition, and the formation of bargaining relationships in the construction industry; the standard for determining whether students who perform services at private colleges or universities in connection with their studies should be considered employees; and standards for access to an employer's private property.

  • Impacts of employing minor children in family business

    Q What is the law regarding hiring a minor who is the child of the company owner? Also, is there Fair Labor Standards Act (FLSA) guidance on hiring minors who are the owner's children?

  • Workplace Trends

    Think you've made a hire? Maybe not. A survey from staffing firm Robert Half shows that more than a quarter of workers (28%) have backed out of a job offer after accepting the position. Why would a jobseeker do that? The survey says 44% of those changing their minds backed out after receiving a better offer from another company. For 27%, a counteroffer from their current employer led to the change of heart. In 19% of the cases, the jobseeker reported hearing bad things about the company after receiving the offer. The cities where jobseekers are more likely to renege are San Diego, San Francisco, Chicago, Houston, Austin, and Miami.

  • Sorting through delays, court rulings in West Virginia's right-to-work law

    Litigation surrounding West Virginia's Workplace Freedom Act (WFA) (also known as the state's right-to-work law) has created a lot of confusion, according to feedback from employers. Given the parade of injunctions, orders, appeals, opinions, and stays, the confusion is understandable. This article will attempt to bring some clarity to the picture, starting with a review of the law's time line.

  • Getting an earful: using earbuds, headphones, and AirPods at work

    I have a retired friend who unretired himself for a part-time job. The job requires attention to detail. The office in which he works, however, plays music constantly. It just so happens the agreed-upon station plays the classics he grew up listening to, and now he can't stand the sound of any of them. His solution—Bose Noise Masking Sleepbuds—which I must say are pretty neat. But it got my little lawyer brain thinking, what are the potential ramifications to an employer for permitting the use of earbuds (my catch-all phrase, which includes headphones and similar devices)?

  • Arbitration agreements: what every West Virginia employer needs to know

    As more and more West Virginia employers use arbitration agreements to avoid civil litigation, more attorneys for employees are trying to have them declared void. The Supreme Court of Appeals of West Virginia recently determined what makes a good and enforceable arbitration agreement.

  • September 30 deadline looms for newly required EEO-1 data

    Employers required to submit EEO-1 reports to the Equal Employment Opportunity Commission (EEOC) are venturing into uncharted territory as they work to collect newly required information due by September 30. While they may be accustomed to submitting traditional EEO-1 information—data on employees' race/ethnicity and gender, or what's being called Component 1 data—this year they also must compile data on compensation and hours worked, or what's being called Component 2 data.