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 […]

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 […]

Can Physical Fitness Training Be Discriminatory?

While many (if not most) employers don’t need to worry about a physical fitness training program, the Federal Bureau of Investigation (FBI) does. And recently, it had to defend differing standards in training between men and women. This raises an interesting and more inclusive question: can training be discriminatory?

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 […]

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.

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 […]

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 […]

Does Your Harassment Training Include Harassment by Customers?

One court recently decided that an employer can be held liable for harassment from customers. The court in this case concluded that “an employer is liable under Title VII [of the Civil Rights Act of 1964] for third parties creating a hostile work environment if the employer knew or should have known of the harassment […]

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. […]