The risk of employer liability for being tricked into taking an adverse employment action against an employee by a supervisor with discriminatory motives, i.e. cat’s paw liability, is real.

The Successor Bar requires successor businesses to bargain with incumbent unions for up to one year. The National Labor Relations Board (“Board”) established the doctrine in 2011.

As you may have read, the 2011 budget "deal" includes a section (§1858 of H.R. 1473, Department of Defense and Full-Year Continuing Appropriations Act, 2011) that repeals the Affordable Care Act's "free choice voucher" requirement for certain employer-sponsored group health plans.

This is part two in a series discussing the UBB mine explosion, the federal response, the potential response and the possible impact on West Virginia's coal industry.

Coal mining, and related industries that consume coal, have attracted quite a bit of attention from the federal government as of late. Most of that attention has focused on how to further, or "better," regulate the industry.

The Consumer Financial Protection Bureau issued new Mortgage Servicing Rules that will take effect on January 10, 2014.

Regulators have worked on a variety of anti-redlining proposals in recent months, including a joint initiative by the Department of Justice, the Consumer Financial Protection Bureau...

An emerging case out of South Carolina may have a far-reaching impact on health care providers across the country. Health care providers have long been aware of the penalties for violating the Stark Law, only now violating the Stark Law may also bring False Claims Act charges and additional penalties that include treble damages.

A component of the Obama Administration’s national health care reform legislation that has risen to the headlines recently are "accountable care organizations" ("ACO’s").

Utah has taken the unprecedented move of permitting artificial intelligence (AI) to legally prescribe renewal medical prescriptions without human intervention.

Soon, the Department of Homeland Security (DHS) will announce the creation of an I-9 Audit Fusion Center. This center will be staffed by approximately 20 forensic auditors who will assist local DHS offices executing I-9 audits for large employers.

On May 4, 2022, U.S. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule (TFR) that increases the automatic extension period for certain Employment Authorization Document (EAD)...

Since 2005, insurers operating in West Virginia have been able to rest a bit more easily knowing that so-called third-party bad faith or "Jenkins" claims had been eliminated by amendments to the West Virginia Unfair Trade Practices Act. A recent West Virginia Supreme Court of Appeals opinion, however, could end all of that.

The Federal Communications Commission ("FCC") has unanimously adopted a Notice of Proposed Rulemaking ("NPRM") regarding plans to reform and modernize the Universal Service Fund ("USF") and Intercarrier Compensation ("ICC") regime.

Two more states have followed Florida's lead in adopting laws restricting telephone solicitations. Washington State's new law went into effect on June 9, 2022.

On June 23, 2010, the Department of Labor issued guidance to clarify the definition of "son or daughter" under the FMLA as it applies to an employee taking FMLA-protected leave for the birth or placement of a child, to care for a newborn or newly placed child, or to care for a child with a serious health condition.

Together, the Patient Protection and Affordable Care Act (PPACA) and Health Care and Education Tax Credit Reconciliation Act of 2010 represents widespread health care reform which will be implemented over a number of years to come.

Often, one of the last clauses to be discussed by the parties to an international contract is the dispute resolution clause.

A new law (the "Law") which will affect every existing homeowners association ("HOA"), and those formed hereafter, was signed by Governor Strickland on June 10, 2010.

Beware the valuation pitfalls involved with the purchase of an on-going business that owns real estate. A buyer can accidentally cause its real property taxes on the newly purchased property to increase dramatically if it fails to allocate values properly between personal property and real property. Fortunately, a few preventative measures can be taken at the closing to prevent an unnecessary real property tax increase and litigation.