Do you remember Gilda Radner's portrayal of the Emily Litella character on Saturday Night Live? While in the midst of delivering an impassioned editorial, Emily would be informed that she had made a fundamental factual error. She would then end her tirade with a meek, "Never mind."
Those words seem appropriate this morning, in light of news from a federal district court in Texas. Late yesterday, the court issued a nationwide preliminary injunction against the U.S. Department of Labor ("DOL"). This injunction forbids the DOL from implementing its new overtime rule.
The Basics of a WV Business Divorce
Have you ever heard of a "business divorce"? Everyone knows that a traditional divorce is the official end of a marital relationship. However, the term "divorce" is also being applied to the end of the relationship between business owners in West Virginia (WV), sometimes called a WV business divorce.
Most employers in West Virginia (WV) would never imagine that they would be deemed to be the chargeable employer in a hearing loss claim for an employee who worked a mere four days. But that's exactly what happened in a recent workers' compensation appeal before the West Virginia Supreme Court of Appeals, Pioneer Pipe, Inc. v. Swain et al.
How do courts decide whether injuries that result from on-the-job falls are compensable workers' compensation claims? Workplace falls are common and can lead to serious, even fatal injuries. No industry is free from the common hazard of idiopathic falls. As a result, many state court systems have considered the interplay between idiopathic falls and workers’ compensation, including the compensability of idiopathic falls.
If your business relies on a WV arbitration clause, reevaluate it now.
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 a recent case heard twice by the West Virginia (WV) Supreme Court of Appeals—the case of Schumacher Homes v. Spencer, which determined the enforceability of a WV arbitration clause in the parties’ contract.