Author: West Virginia Employment Law Letter

Who is GINA, and why should I care about her?

by Mark Jeffries Those of us in HR and the field of employment law sometimes feel like we’re being force-fed a veritable alphabet soup of federal statutes. We have to mind our p’s and q’s under the FLSA, FMLA, ADA, ADAAA, and ADEA, just to name a few. But there’s a relatively young law that […]

EEOC steps up enforcement of genetic information nondiscrimination

by Roberta Fields Each year, scientific advancements in the field of genetics broaden our understanding of health issues and, specifically, the impact heredity plays on a person’s chances of developing certain medical conditions. Such research has led to more and more genetic tests designed to help people understand their risks for getting cancer, diabetes, heart […]

Transgender employee, sex stereotyping, and a heart attack

by Steven T. Collis Do an employer’s criticisms of a transgender employee’s unruly hair, disheveled clothing, poor writing and speaking skills, and negative client interactions support a discrimination claim based on her failure to conform to a gender stereotype? The U.S. District Court for the District of Colorado recently said no to that question. However, […]

Moneyball tips on letting less productive players go

Part of our mission here is to keep all you bibliophiles out there engaged and entertained. (I happen to be one, so I know we’re a rare breed.) Our book today is Michael Lewis’ Moneyball: The Art of Winning an Unfair Game.

Indiana AG appeals Lake County judge’s ruling that right-to-work law is unconstitutional

On September 5, Indiana’s right-to-work law was declared unconstitutional by a state trial court judge.  On Thursday, Indiana Attorney General Greg Zoeller filed a notice of appeal in the case. Lake County Superior Court Judge John M. Sedia ruled that the right-to-work law violated the Indiana Constitution by requiring unions to provide services without payment. […]

Holiday party

Getting the scoop: The value of exit interviews

Depending on your vantage point, exit interviews can be an effective way to get information that will improve the workplace, or they’re a waste of time that some employees resent. The idea behind exit interviews is to help employers understand why employees leave so that the employer can make improvements to reduce turnover and boost […]

Maryland law on accommodations for pregnant workers takes effect October 1

by Kevin C. McCormick Maryland’s Reasonable Accommodations for Pregnant Workers Act goes into effect October 1, meaning Maryland employers with 15 or more employees must provide reasonable accommodations to employees who experience a disability because of a pregnancy. Basically, the new law requires employers to treat pregnancies in much the same way disabilities covered by […]

Banning electronic cigarettes in the workplace

by Reggie Gay Electronic cigarette companies like to say that users of their products can “Smoke anywhere!” According to the recent Businessweek article “E-Cigarettes Want Your Attention Now (Before the FDA Steps In),” electronic cigarettes are “expected to top $1 billion in annual sales in the next few years.” As the industry grows exponentially, employers […]

The smartest person in the room

by Dan Oswald I recently was reading on the subject of leadership, and one topic that came up was intelligence. So I set out to do some research on the importance of IQ in leadership. I must admit, it’s not easy to find a lot written about the intelligence of leaders. Type “leadership and intelligence” […]

Employee convicted of criminal negligence

By Antonio Di Domenico On March 22, 2006, B.C. Ferries’ vessel the Queen of the North missed a scheduled turn causing it to run aground and sink off the northern tip of Vancouver Island. Fifty-seven passengers and 42 crew members abandoned ship before it sank. Two passengers were never found and were declared dead. On […]