Tag: West Virginia

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.

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. […]

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 […]

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 […]