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Participation in Clinical Trial is FMLA-Protected, DOL Says

On November 8, the Department of Labor (DOL) issued an opinion letter addressing an interesting question under the Family and Medical Leave Act (FMLA): Can an employee take FMLA leave to participate in a clinical trial for...more

DOL Provides Guidance on FMLA Leave for Mental Health Conditions

We’ve all heard about the Family and Medical Leave Act (FMLA) when it comes to expectant mothers or for recovery from serious physical health conditions such as heart attacks or surgeries. But more nuanced is the application...more

West Virginia Supreme Court of Appeals Clarifies Employee’s Burden of Proof for FMLA Interference

The West Virginia Supreme Court of Appeals (WVSCA) issued a new ruling in Fairmont Tool Inc. v. Opyoke, clarifying an employee’s burden of proof to sustain an interference claim under the Family and Medical Leave Act (FMLA)...more

Paid COVID-19 Leave Extended on a voluntary Basis Through March 31

Since April 1, employers with fewer than 500 employees have been required to grant paid leave to their employees for a variety of COVID-related reasons. The two paid-leave provisions in the Families First Coronavirus...more

Avoid Penalties with Wage Payment and Collection Act "Safe Harbor"

Starting June 4, 2020, a new “safe harbor” revision to the West Virginia Wage Payment and Collection Act provides West Virginia’s employers an avenue to avoid the liquidated damages and attorney’s fees provisions of the Act....more

Three New DOL Opinion Letters Address Wage and Hour Issues and FMLA Eligibility

On January 7, 2020, the U.S. Department of Labor published three new opinion letters – two that address compliance under the Fair Labor Standards Act (“FLSA”) and one that addresses compliance under the Family Medical Leave...more

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