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This HR Alert addresses the following topics:
  1. West Virginia Becomes a Right-to-Work State, Repeals Prevailing Wage
  2. Alabama Governor Signs Law Prohibiting Municipal Minimum Wage Ordinances
  3. New Hampshire Supreme Court Holds Individuals Can be Liable for Workplace Discrimination/Retaliation Cases

West Virginia Becomes a Right-to-Work State, Repeals Prevailing Wage

The West Virginia Legislature recently voted to override Governor Earl Tomblin’s vetoes of the right-to-work legislation (SB 1) and the bill repealing the state’s prevailing wage law (HB 4005).  West Virginia will now be a right-to-work state, meaning employees cannot be compelled to join or not join a labor union.  Furthermore, the prevailing wage law, which formerly mandated minimum wage requirements for workers on state-funded construction projects, will no longer be in effect.  Minimum wage will revert to $8.75 per hour.


Alabama Governor Signs Law Prohibiting Municipal Minimum Wage Ordinances

On February 25, 2016, Governor Robert Bentley signed into law a prohibition against individual municipalities within Alabama from enacting minimum wage laws.  This means that the Birmingham City Council’s ordinance to raise the minimum wage to $10.10 will no longer have any effect.  Minimum wage in Birmingham will revert to the federal minimum wage of $7.25.


New Hampshire Supreme Court Holds Individuals Can be Liable for Workplace Discrimination/Retaliation Cases

The New Hampshire Supreme Court recently stated that an individual employee could be held liable in workplace discrimination and retaliation cases.  Specifically, the New Hampshire Law Against Discrimination allows an aggrieved individual to pursue a claim against a “person, employer, labor organization […].”  The term “person” was defined to include individuals, meaning that individuals can now be held liable for workplace discrimination/retaliation, not just the employer.  However, the Court also noted that the Law Against Discrimination applies to New Hampshire employers of six or more employees, meaning individuals cannot be held liable if the employer is already exempt due to size.


Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2016 ManagEase, Incorporated.

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