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Huntington Legal Issues Blog

Over 1,000 workers affected by restaurant chain wage theft

When workers feel that they have not been properly compensated for the work they perform, they may wonder what to do about the issue. In some cases, employees may not even be aware that there is an issue because they take the work of their employers. Unfortunately, wage theft is an issue that affects numerous workers, including those in West Virginia, and some parties may need to take legal action to seek compensation.

It was reported that this type of case recently came to a settlement in New York. Apparently, the owner of a restaurant chain, which had 15 establishments across two states, was accused of waged theft that affected more than 1,000 workers. Workers indicated that they were not compensated for overtime hours and double charged for meals bought while on shift. Minimum wage standards were also reportedly violated due to including non-tipped workers in the tip pool.

West Virginia car accident results in deaths of driver, passenger

Car accidents happen every day. Most people witness such events at one point or another, and while passersby may feel a slight sense of sympathy for the individuals involved, they certainly do not experience the immense pain that can come along with the loss of a loved one from such an event. When a car accident does lead to a death, surviving family members may have many concerns.

It was recently reported that a fatal crash took place in West Virginia. The incident involved only one vehicle, and authorities believe that both drugs and alcohol played roles in the incident. Apparently, an SUV was traveling at a high rate of speed when the vehicle collided with a tree. As a result, the vehicle was cut in two, with one portion landing approximately 75 feet away.

Employment law: FMLA violations may warrant lawsuits

Facing a serious medical condition or having a suffering loved one can make any West Virginia resident feel immense stress. On top of the health-related worries, individuals may also worry that they could face job-related repercussions if they miss too much work. Fortunately, the Family and Medical Leave Act is a form of employment law that helps protect individuals in such situations.

Though the FMLA provides qualifying individuals with several weeks of protected leave, some employers may not adhere to the regulations enacted in this measure. One man in another state recently experienced this type of situation and ended up losing his job. Reports stated that he had taken 12 weeks of approved leave for an undisclosed reason, and after his return, he faced harassment and retaliation from his manager.

Measuring fault properly for a motor vehicle accident claim

Auto accidents happen every day, and trucking accidents particularly have been on the rise over the last few years. These incidents may lead to accident claims, especially when the other driver's negligence caused the accident.

Being able to show fault is critical to the success of any type of personal injury case. In a motor vehicle accident claim, there are a few things to keep in mind to aid in measuring fault properly.

Employment law experts offer views on workplace sexual harassment

Sexual harassment has been a trending topic in recent weeks in West Virginia and all around the country. A financial planning website recently surveyed employees across a variety of industries for their thoughts on harassment in the workplace. The findings are of great interest to those concerned with employment law issues.

The wealth management industry had the highest occurrences of sexual harassment among all the sectors surveyed. Healthcare, IT, Banking and Accounting had the lowest rate of incidences. The survey revealed that smaller companies were more prone to witness sexual harassment in the workplace. Lack of training as well as the fact there are no repercussions for harassment were cited as contributing factors. While women are most likely to have been sexually harassed, men and women equally know that the behavior is taking place.

Pregnancy discrimination should not be tolerated in the workplace

Being a woman in a male-dominated profession can be difficult for many reasons. Unfortunately, discrimination is a real issue that many women face on the job, and when they are expecting a child, they may even be treated negatively for their pregnancies. If this is the case, individuals in this type of predicament may have reason to take legal action.

West Virginia residents may be interested in one out-of-state woman's situation involving this type of discrimination. The woman filed a lawsuit against the city and fire department where she worked due to being treated unfairly and improperly on the job, including facing sexual harassment. The lawsuit also alleged discrimination based on pregnancy, but details regarding this specific aspect of the situation were not given in the report. After filing her lawsuit, she was terminated from her job as retaliation.

Employment law experts note different types of harassment

A topic on many people's minds lately in West Virginia and all across the country has been harassment in the workplace. Employment law experts have noted that no business is immune, whether the harassment occurs within the entertainment industry, government agencies or manufacturing facilities. Though certainly not a new problem, open discussion about the issue is becoming more widespread.

While sexual harassment accusations have become rampant over the past few months, there are several other types of workplace harassment. It may be based on disability, race, religion, age or national origin, among others. If a company is guilty of discriminatory behavior, it is in violation of the law.

Woman files discrimination lawsuit against former employer

According to the latest data available from the Bureau of Labor Statistics, almost 18 percent of the workforce in West Virginia and all around the country has a disability of some type. Companies are required to make reasonable accommodations to allow disabled employees to continue to work on their jobs. However, an employee has recently filed a discrimination lawsuit against her former employer, a yogurt manufacturing plant, stating it was due to her physical condition.

A suit was filed in another state against Chobani, citing that the company had wrongfully terminated the woman because of her physical disability. The lawsuit states that she had a disability that substantially limited at least one major life activity when she was hired. The woman had been employed at the company since 2013. In 2016, after Chobani failed to accommodate her disability, she took a medical leave of absence.

The role large trucks play in rollover accidents

Large commercial trucks are a common sight on West Virginia highways, especially semis carrying precarious loads of logs. You may already be aware of the prevalence of truck collisions across the country. Rollovers are one of the most serious types of accidents involving 18-wheeler big rigs.

Last May, a logging truck tipped over on Interstate 79 in Kanawha County. Fortunately, the incident did not cause any injuries, but logs spilled all over the roadway. This may give you a chilling reminder of what might happen if you are in the wrong place at the wrong time when a truck rolls over.

Employment law: The Pregnancy Discrimination Act turns 40

The Pregnancy Discrimination Act has been in effect for 40 years. The Act provided protection to childbearing women in West Virginia and all across the nation against discrimination on the basis of their pregnancies. An employment law expert from the Women's Rights Project of the ACLU recently discussed the influences the Act has had on the workforce over the past four decades.

In 1978, Congress instituted the Act primarily in response to a U.S. Supreme Court decision. A case involving General Electric had gone before the court when workers absent from work for pregnancy and childbirth had been excluded from income replacement. The workers asserted that the exclusion was a form of sex discrimination under the Civil Rights Act of 1964. When the Supreme Court ruled against the workers, Congress took action to rectify the situation.

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