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?
Tag: West Virginia
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 […]
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.
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 […]
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 […]
By Susan Prince, JD, Legal Editor HR.BLR.com Employers get ready! Minimum wage increases will affect numerous states across the country during the remainder of 2014 and into 2015.
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 […]
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. […]
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 […]
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 […]