Author Archives: John R. Merinar, Jr.

THE DANGER OF NLRB CHANGES TO THE UNION ELECTION PROCESS

Conventional wisdom is that the “card check” bill – also known as The Employee Free Choice Act – is not going anywhere in Congress (though there is some threat that a lame-duck Congress might pass EFCA ). Employers are right to celebrate this news, and to feel a sense of relief that such a disastrous step on the part of our legislature seemingly has been averted.

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WHEN IS A CONTRACTOR NOT A CONTRACTOR?

Recently, many companies have started to contract out certain work, rather than hiring new employees to do it. There are many reasons for this, most of which relate in one way or another to reducing costs and/or perceived liability. As this trend has gained momentum, some employers have moved significant work from employees to contractors, and done so in a short period of time.
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AND THE ONSLAUGHT CONTINUES….

For those close enough to Ohio County to know of, and be encouraged by, a Judge’s dismissal of the Plaintiffs’ claims in the case of Roth v. Defelicecare, Inc. about 18 months ago, the latest in an increasingly long line of opinions unfavorable to employers released by the West Virginia Supreme Court of Appeals must be a significant disappointment.

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WORKERS COMP AND LIGHT DUTY

“Workers comp premiums are killing me. Is there some way to keep my experience rating lower?” This is a question we get a lot from employers. Policies requiring prompt reporting of injuries and consistent enforcement of safety rules are a good starting point. If an employee nevertheless is injured and receives TTD benefits, having a well thought out light duty policy can also help.

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