West Virginia News & Analysis

  • Gathering information before the door hits employees on the way out

    The end of employment is a hectic time for HR. You have to document the reasons for the employee's departure, deal with benefits issues, and ensure that the soon-to-be-ex-employee's final paycheck is accurate. Sometimes, you're simply relieved to get the departing employee out the door. Before you kick him to the curb, however, you should consider the benefits of conducting an exit interview.

  • WV Supreme Court finds death nearly two years after head injury was 'work-related'

    West Virginia Code § 23-4-10 provides that when a personal injury suffered by an employee in the course of his employment causes death and the disability is continuous from the date of injury until the date of death, the decedent's dependents may receive workers' compensation benefits. The West Virginia Supreme Court of Appeals recently affirmed an award of death benefits in a case in which the employee's disability wasn't obviously continuous after his work-related injury because he wasn't actively being treated for a disability at the time of his death.

  • Gesundheit! What to consider before implementing a flu shot policy

    As the nation suffers through one of the worst flu seasons in years, employers are understandably worried about the safety of their employees and clients. Over the past several years, many employers have implemented mandatory flu vaccination policies. However, such policies shouldn't be taken lightly—there are several issues to consider before, during, and after the implementation stage. If you have implemented, or are considering implementing, a mandatory flu shot policy, read on for some tips to keep in mind.

  • Mitigating the HR quandary posed by retaliation claims

    This is the time of year when our aspirations and resolutions for the new year start to wane. Now that 2018 is well under way, employers should renew their resolve to address the liability risks associated with retaliation claims. The steady rise of retaliation claims over the last several years has created vexing problems for HR professionals attempting to enforce employee conduct rules. A quandary arises when employees who have raised harassment, discrimination, or safety complaints face discipline for misconduct, creating the looming threat of a retaliation claim.

  • Opioids in your workplace? Tips for prevention and response

    These days, it seems impossible to tune into the news without hearing about the opioid crisis. In addition to tragic reports of overdose deaths and heartbreaking addiction stories, most of the news focuses on the rapid rise of opioid use over the past 10 to 15 years and what—if anything—can be done to turn the tide.

  • Moonlighting while on FMLA leave

    Q We have an employee who has taken Family and Medical Leave Act (FMLA) leave to care for his daughter. He was recently seen refereeing a school basketball game (his second job). Do we have grounds to request that he return to work?

  • Will employers get more relief in the 2018 legislative session?

    West Virginia's 2018 Legislative Session opened January 10 with a number of bills already introduced that could further improve the landscape for West Virginia employers. On the first day of the session, 151 bills were introduced in the Senate and more than 500 in the House of Delegates. Here's a quick rundown.

  • Preventing 'we do' from becoming #MeToo

    Recently, the #MeToo movement has sparked a vital dialogue about workplace sexual harassment. If you are an employer or HR professional, you should be paying attention and thinking about what steps you should take to protect your employees and your workplace.

  • Missing participants at plan termination have you singing the blues? Here's a new tune

    When 401(k) plans terminate, plan administrators inevitably find themselves with a list of participants whose address information is no longer current or who didn't respond to plan communications. Thanks to a new Pension Benefit Guaranty Corporation (PBGC) regulation, you don't have to sing the blues when you try to distribute the accounts of missing participants when a plan terminates.

  • Update your look in 2018: Resolve to review handbooks and workplace policies

    With a new year comes all sorts of resolutions. But many forget this is the perfect time to review employee handbooks and workplace policies. Is anything out of date? Has the law changed in a way that may require an update to your policies? Over time, have any of your company's policies become out of line with actual practice? If so, now is the time to update, revise, and even reinforce.