Tag: West Virginia

New West Virginia law allows hiring preference for veterans

by Thomas S. Kleeh West Virginia will join the list of states that allow hiring preferences for veterans when a new law takes effect on June 22. House Bill 4507 was signed into law on March 24. Its purpose is to assist veterans and disabled veterans in securing employment. The new law amends the provisions […]

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West Virginia joins states limiting access to employees’ social media accounts

by Tracey B. Eberling West Virginia’s new law regulating employer access to employees’ and applicants’ personal social media accounts goes into effect June 10. The West Virginia Internet Privacy Protection Act is aimed at protecting employees’ “personal accounts,” defined as “an account, service or profile on a social networking website that is used by an […]

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Can a Reasonable Accommodation Be Retaliatory Under the FMLA?

By Richard J. Morgan, JD One of the challenging situations faced by HR professionals and the employers they work for is the differing standards under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). Considering one of the laws without an analysis of the other and its effect on employment […]

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Did Maryland Employer Violate the FLSA?

By Richard J. Morgan, JD The U.S. 4th Circuit Court of Appeals (which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia) recently addressed a case in which two tipped employees disputed the pay they received from their employers.

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West Virginia Legislature passes right-to-work bill; governor promises veto

by Rodney L. Bean Both houses of West Virginia’s legislature have passed a bill that would make West Virginia the nation’s 26th right-to-work state. The bill arrived at Governor Earl Ray Tomblin’s desk on Monday, February 8, and now awaits his signature or veto.  After a February 4 debate that lasted almost five hours, the […]

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Proposed West Virginia regulations spell change to wage and hour landscape

by Rodney Bean The West Virginia Division of Labor (DOL) has proposed emergency regulations that, if enforced in their present form, could force West Virginia employers to change by December 31 a number of common wage and hour practices that comply with long-standing federal regulations. Although the state DOL’s emergency rules purport to adopt vast […]

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New West Virginia law requires accommodations for pregnant employees

by John R. Merinar, Jr., and Carolyn A. Wade A new West Virginia law taking effect June 4 means employers in the Mountain State must make reasonable accommodations to a job applicant’s or employee’s known limitations involving pregnancy, childbirth, or related medical conditions. The Pregnant Workers’ Fairness Act amends the West Virginia Human Rights Act. […]

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DOL 2013 Wage & Hour FLSA Enforcement Infographic: Southeast

The Wage & Hour Division (WHD) of the U.S. Department of Labor, which enforces the Fair Labor Standards Act (FLSA), recovered more than $280 million in back wages for over 308,000 employees in Fiscal Year 2012. This map reflects a sampling of 2013 WHD enforcement activity—including recovery of wages and punitive damages—taken against employers in […]

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Once ‘Moore’ with feeling: ‘Twas the Month of December—Again!

by Vanessa L. Goddard ‘Twas the month of December, we’re early this year, To plan against surprises as Christmas draws near. In the past HR handled parties and drinking. “What could possibly happen?” you might be thinking. Our vets have come home this year—to their positions. We’ve worked with our employees’ many transitions. Taken care […]

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