Dinsmore & Shohl LLP

Administrative Law Judge Susan Biro joined Administrative Law Judge Thomas McCarthy in dismissing a penalty petition because the Secretary of Labor failed to file the petition within 45 days of a timely contest of a proposed…more

The West Virginia Department of Environmental Protection (WVDEP) is currently taking an average of four months to process a complete well work permit application for proposed horizontal wells to be drilled in the Marcellus Shale…more

You recently read an article stating that a court found that a major national retailer owes overtime pay for work performed "off the clock" by workers in 27 stores. News reports talk of a $50 million price tag for a settlement…more

Retaliation claims originate from employees engaging in a protected activity, such as reporting a violation of a federal law, and the employer retaliating by taking an adverse employment action against the employee. What is a…more

On May 14, 2012, the United States District Court for the District of Columbia invalidated the controversial regulation of the National Labor Relations Board (NLRB) that would have dramatically reduced the time frame of union…more

Administrative Law Judge Thomas McCarthy gave a win for the industry in a decision vacating a citation issued to Knife River’s MBI Portable Crusher No. 1. In December 2010, an MSHA inspector issued a 104(a) non-S&S citation…more

Below are excerpts from Reed's recent testimony before a legislative hearing of the House Natural Resources Committee's Subcommittee on Fisheries, Wildlife, Oceans and Insular Affairs regarding Lacey Act reform…more

On April 30, 2012, the Equal Employment Opportunity Commission (EEOC)’s final rule amending its Age Discrimination in Employment Act (ADEA) regulations regarding disparate impact claims and the reasonable factors other than age…more

An employer can take several steps to effectively prevent and handle unlawful activity in the workplace. The first step an employer should take is ensure that it has a well-defined, carefully monitored, disciplinary policies and…more

As of April 30th, 2012, the new NLRB procedures for union elections are in place. Dinsmore wrote about the details of these new rules last month (See Organized Labor’s Big Day). The issue now becomes what to do under this new…more

1. Social Media Impacts Every Facet of Your Client’s Business and Your Business Social media isn't something that can be pigeonholed into one segment or area of yours or your client's business. Instead, it impacts every…more

Over the past few years, the Equal Employment Opportunity Commission (EEOC) has shifted its focus towards systemic lawsuits. It has also been able to obtain larger settlements than in the past. This article provides an overview…more

The Kentucky Supreme Court recently ruled that a private, non-profit entity which acquired and marketed property in order to attract new business to Floyd County, did not qualify for an exemption from paying ad valorem real…more

Originally published in Business Law Today - April 2012. In recent years, cash-strapped states have begun to seek alternative means of generating revenue and boosting state coffers––including exploring expanded gaming. For…more

As the end of the 2011-2012 school year comes to an end in West Virginia, with it comes the planning of high school graduation ceremonies. Over the years, the issue of prayer at graduation ceremonies has been a hot topic…more