Updating Liability Shields

In the absence of a national policy limiting business liability against claims that stem from the coronavirus pandemic, more states are stepping up with limited liability protection to ensure that small businesses are not unfairly subjected to frivolous litigation. Most recently, the state of West Virginia became the latest state to put a law on…

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Overspending Has a Price

Talking about Other People’s Money, the state of West Virginia has a completely different view of the propriety of spending tax dollars without regard to the taxpayer. This past week, the West Virginia House of Delegates adopted 11 articles of impeachment against all four remaining justices of the state Supreme Court. The fifth justice resigned…

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More Minimum Wage Mischief

Technically, the Fight for $15 began at the start of this decade with President Obama pushing an increase in the federal minimum wage in his 2010 State of the Union address, but the effort continues at full speed in state houses and town halls across the country. In North Dakota, advocates are planning to put…

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West Virginia Governor Vetoes Right To Work Fix

West Virginia passed right-to-work legislation just over one year ago, becoming the 26th state to do so, but there seemed to be a problem with their drafting. A judicial challenge was initiated against the law by the West Virginia AFL-CIO and 11 other local unions in which labor alleged that the law constituted an illegal…

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Right to Work States: 28 & Stalled

The national wave of states adopting right to work legislation hit a bump and stalled this past week when the Colorado House State, Veterans and Military Affairs Committee voted to kill Senate Bill 55, which would have prohibited any Colorado company from requiring union membership as a condition of employment. The demise of SB 55…

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Labor Wants “Do-over” on Right to Work Challenge

The United Auto Workers and other unions asked the Sixth Circuit Court of Appeals last week to rehear their challenge to Hardin County, Kentucky’s right-to-work ordinance. As we reported just two weeks ago, the 6th Circuit upheld the county law and by extension, several others throughout Kentucky (which is the only southern state that has…

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Court Blocks Right-To-Work

Last week, a West Virginia Circuit Court judge granted a preliminary injunction to the West Virginia AFL-CIO and 11 other labor unions in the Mountain State preventing its right-to-work law from taking effect.  As justification for her decision, Judge Jennifer Bailey pointed to the fact that the state law provides for criminal charges and civil…

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West Virginia Tees Up Right-to-Work

The West Virginia Legislature has passed legislation and sent it to Governor Earl Ray Tomblin that would make West Virginia the 26th state with a right-to-work law.  “Right to work” gives an employee the legal right to opt out of paying union dues.  Last week, the House passed the “Establishing West Virginia Workplace Freedom Act”…

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Miscellaneous

Last week, the US Census Bureau issued its annual report on population estimates and trends from July, 2014 to July 2015.  According to the report, the US population increased by 0.79 percent to 321.4 million people (that’s a lot of coffee!). North Dakota (+2.3%) was the fastest-growing state for the fourth consecutive year, while the…

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Putting a Face To “Joint Employer”

If you’re wondering what the real rationale might be behind some of these outrageous rulings, especially the “joint-employer” determination threatened by the NLRB General Counsel Robert Griffin, we may have just the vehicle for you.  We noted in a news article somewhere this week that Griffin recently gave a keynote luncheon address, appropriately titled “Zealous…

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