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September 2016 Archives

Trust but Verify: The Cold War's Contribution to Corporate Compliance

President Ronald Reagan wanted to learn a few Russian proverbs. An advisor had told him that Russians speak in proverbs and it might be handy to know a few as the United States and the U.S.S.R. negotiated arms treaties during the Cold War. One Russian proverb became President Reagan's favorite: "Doveryai, no proveryai" or "trust, but verify." At one joint press conference with his Soviet counterpart, the President repeated the proverb in both Russian and English. Communist Party General Secretary Mikhail Gorbachev laughed and said, "You repeat that at every meeting." President Reagan smiled and said, "I like it."

Lawsuit filed against new minimum wage for white-collar workers

Do you recall that on December 1st the minimum salary for exempt employees is going to double? The current minimum is $23,660. As of December 1st, you must pay at least $47,476 to your exempt employees. If you cannot afford to do that, you will need to convert those workers into hourly employees, track their hours, and pay overtime when required.

Think Your Arbitration Clause Is Solid? Consider This Case from WV's Supreme Court. . .

Arbitration can be a less expensive, relatively simple alternative to formal court litigation. Policy at the federal level clearly supports the ability of contracting parties to choose arbitrators over judges to resolve disputes. Regardless, many state courts find creative ways to avoid contractual arbitration clauses. Consider the recent case of Schumacher Homes v. Spencer, heard by the West Virginia Supreme Court of Appeals not once, but twice.

OSHA says mandatory post-accident drug tests may violate the law

Do you routinely test employees for illegal drugs and alcohol when they are involved in a workplace accident? If so, you may incur the wrath of both the U.S. Occupational Safety and Health Administration ("OSHA") and the West Virginia Supreme Court.