Category Archives: Employers

Do you know what to do when you fire an employee?

State wage payment laws generally provide for the intervals in which employees must be paid, and how and when they must be paid when they leave.  Since the laws vary, and there are often harsh penalties for a violation, it is important for an Employer to know what their own state law demands.

In West Virginia, traditionally one of the harsher jurisdictions for wage payment, there was some good news this year. Employees who are fired must be paid their final paycheck within four business days of the involuntary termination.  This may not sound like a long time, but the law used to mandate 72 hours, with no exception for business days.  If an Employer waits too long, the penalty is 3 times the unpaid wages.  The Employer may be on the hook for an employee’s legal fees as well.

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Does an employer need a travel policy?

A travel policy is a good idea for any employer whose employees are expected to do more than simply travel to and from work.  Such a policy can be just as important to a small employer who sends a few employees on a company retreat once a year, as it is to a larger employer who sends employees around the country or to foreign countries on a regular basis.

Travel policies should stand side by side with any other traditional employment policy, and should serve the same important purpose: letting the employee know what to expect, and what is expected.  They can and should be used by a broad variety of employers.

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Does an employer have to pay overtime to employees who work at more than one of the employer’s locations?

Everybody knows that an hourly employee is entitled to 1&1/2 times the regular rate of pay for each hour worked over forty in a week.  But, what about an employee who works more than one job for the same employer?  

For example, say an employee works thirty hours in a week at Job A, and then 20 additional hours at Job B that same week.  Does the employee get paid 10 hours overtime?  What if the jobs pay different hourly rates? How would overtime be calculated then?

The answer can depend on many factors.  If the employee works Job A and Job B for separate, unrelated employers, then neither employer should be responsible for overtime.  But what constitues separate and unrelated can be tricky.  What about an employee who works at two different stores of a retail chain?  Or at a restaurant and office owned by the same company?  What if the employee mows the lawn at the home of his boss on the weekend?

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Executive Compensation, Employment Agreements & Severance Agreements

When you find yourself in the situation of being offered an executive compensation package, an employment agreement or a severance package that requires you to sign a written agreement, you need to seek legal counsel because there may be a number of provisions in the agreement that are not favorable to you.

We are experienced in reviewing and negotiating employment, executive compensation, and severance agreements.  If your employer asks you to sign an employment or executive compensation agreement, we can help you review the terms, and negotiate a more favorable package for you.

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