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 portions of federal Fair Labor Standards Act (FLSA) regulations, they simultaneously impose several new rules that contradict or otherwise differ from those same federal regulations, particularly as they relate to the determination of what constitutes compensable working time.

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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. Under the law, the applicant or employee must provide written documentation from a healthcare provider that specifies her limitations and suggests accommodations to address them. The employer must provide the accommodations unless they would result in an undue hardship on the operation of the business.

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Changes to West Virginia wage payment act go into effect today

by Susan Llewellyn Deniker

Amendments to the West Virginia Wage Payment and Collection Act (WPCA) go into effect today, changing the rules on when discharged employees must be given their final paycheck.

Under the old law, discharged employees had to be paid all wages owed within 72 hours of termination. This year, the legislature amended the WPCA to allow discharged employees to be paid no later than the next payday or within four business days, whichever comes first. Business days are defined as any day other than Saturdays, Sundays, or legal holidays.

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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 of the disabled; those on workers’ comp.
Times should be joyful, happy. We’re ready to romp!

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Texting While Driving Now Illegal in West Virginia

West Virginia has become the 41st state to ban texting while driving. The law, which went into effect July 1, makes it a primary offense to text with a handheld cell phone while driving. Because it’s a primary offense, violators can be pulled over and cited. Texting already was a secondary offense, meaning someone violating a primary offense also could be cited for texting.

Beginning July 1, 2013, it will become a primary offense to talk on a cell phone without a hands-free device while driving in West Virginia.

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Categories: OSHA / West Virginia

Four ECN Blogs Make LexisNexis Top 25 Listing

September 15, 2011 - by: HR Hero Alerts 0 COMMENTS

Employers Counsel Network LogoFour employment law blogs published by law firms that are part of the Employers Counsel Network (ECN) have been named to the LexisNexis Top 25 Labor and Employment Law Blogs of 2011.

Those making the list are: read more…

West Virginia: Don’t Expect Support for EFCA

November 04, 2010 - by: HR Hero Alerts 0 COMMENTS

by Robert Steptoe, Steptoe & Johnson PLLC

Senator-elect Joe Manchin, who will fill the remaining two years of Senator Robert Byrd’s term, can be expected to oppose most of the Employee Free Choice Act (EFCA) based on an interview with the Wheeling newspaper.

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