New West Virginia law allows hiring preference for veterans

June 08, 2016 0 COMMENTS

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 of the West Virginia Human Rights Act (WVHRA) that outline unlawful discriminatory practices by West Virginia employers. The new law also adds a section to the WVHRA setting forth the circumstances in which employers may have hiring preferences for military personnel.

“Veteran” is defined as any servicemember who has been honorably discharged after providing more than 180 consecutive days of full-time active-duty service in the U.S. armed services or reserves, including the National Guard. A veteran also may be granted preference in the hiring process if he has been issued a service-connected disability rating by the U.S. Department of Veterans Affairs (VA).

read more…

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

June 06, 2016 0 COMMENTS

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 employee or potential employee exclusively for personal communications unrelated to any business purposes of the employer.”

The new law says that an employer may not: read more…

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

February 08, 2016 0 COMMENTS

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.  Flag of West Virginia, USA.

After a February 4 debate that lasted almost five hours, the House of Delegates voted 54-46 in favor of the bill, which bears the title “West Virginia Workplace Freedom Act.” The Senate had passed the measure by a 17-16 vote on January 21. Leaders of the Republican legislative majority have identified the bill as a priority for this session and introduced it on the opening day of the term.

read more…

Proposed West Virginia regulations spell change to wage and hour landscape

December 15, 2014 0 COMMENTS

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.

read more…

New West Virginia law requires accommodations for pregnant employees

May 23, 2014 0 COMMENTS

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.

read more…

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

December 19, 2012 1 COMMENTS

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!

read more…

Four ECN Blogs Make LexisNexis Top 25 Listing

September 15, 2011 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 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.

read more…