Category Archives: Equal Employment Opportunity Commission

Age Discrimination, Americans with Disabilities Act, Equal Employment Opportunity Commission, Title VII of the Civil Rights Act of 1964, WV Human Rights Act, WV Human Rights Commission

The Roles of the EEOC and the West Virginia Human Rights Commission in Workplace Discrimination Claims

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Workplace discrimination is a serious issue, and employees who believe they’ve been treated unfairly often turn to the Equal Employment Opportunity Commission (“EEOC”) or the West Virginia Human Rights Commission (“HRC”) for help. But what exactly do the EEOC and HRC do, and how does the complaint process work? Whether you’re an employer trying to stay compliant or an employee considering filing a claim, it is important to understand the EEOC’s and HRC’s roles.

What Is the EEOC?

The EEOC is the federal agency responsible for enforcing anti-discrimination laws in the workplace. It investigates complaints of discrimination based on race, sex, age, disability, national origin, religion, and other protected characteristics under laws like:

  • Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e-2)
  • The Age Discrimination in Employment Act (ADEA) (29 U.S.C. § 623)
  • The Americans with Disabilities Act (ADA) (42 U.S.C. § 12112)

The agency also enforces laws prohibiting retaliation, meaning an employer can’t punish an employee for filing a complaint or participating in an investigation.

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Artificial Intelligence, Employment policies, Equal Employment Opportunity Commission, Family and Medical Leave Act (FMLA), Independent Contractors, Non-compete agreements, Wage and Hour Issues

Evolving Landscape of Employment Law: Key Updates for 2025

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If you’re an employer or an employee, keeping up with employment law changes can feel like chasing a moving target. With new court decisions, legislative updates, and evolving workplace norms, it’s more important than ever to stay informed. As we settle into 2025, here are some of the most significant developments shaping employment law across the country—and particularly in West Virginia.

1. Remote Work and Wage & Hour Compliance

The pandemic may be in the rearview mirror, but remote and hybrid work are here to stay. That shift has raised fresh legal questions, particularly when it comes to wage and hour compliance.

A major trend we’re seeing is increased scrutiny from the U.S. Department of Labor (DOL) regarding remote workers’ overtime eligibility. The Fair Labor Standards Act (FLSA) requires employers to track hours worked accurately, but when employees are logging in from home, compliance gets tricky. Employers must ensure that non-exempt employees are properly recording breaks, overtime, and any “off-the-clock” work.

West Virginia businesses with remote employees should take a close look at their time-tracking policies to avoid potential wage claims. Even an honest mistake—like failing to count time spent responding to emails after hours—can lead to costly litigation.

2. Noncompete Agreements Under Fire

Noncompete agreements have been a hot-button issue in recent years, and 2025 is shaping up to be a turning point. The Federal Trade Commission (FTC) issued a rule (April 2024) with a nearly comprehensive nationwide ban on most noncompete clauses, arguing that they stifle job mobility and wage growth.

I will discuss below the legal challenges to the FTC rule, but employers should review their existing agreements and consider whether noncompetes are still enforceable (in light of applicable state law and the prospect of the FTC rule surviving legal attacks) or if alternative protections—such as confidentiality and nonsolicitation clauses—are a better approach.

Status of the FTC rule

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Age Discrimination, Americans with Disabilities Act, Equal Employment Opportunity Commission, Pregnancy discrimination, Title VII of the Civil Rights Act of 1964

EEOC has updated its poster that employers must display

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The United States Equal Employment Opportunity Commission (“EEOC”) has updated its poster that employers are required to display in their workplaces. Here is the EEOC’s web site on its poster. Here is an internet (HTML) copy of the poster. Here is the PDF of the printable poster for wall display. The name of the poster is “Know Your Rights: Workplace Discrimination is Illegal”.

The poster does a good job of educating employees and employers on essential aspects of the federal anti-discrimination laws. It covers what employees are protected, what employers are covered, the protected characteristics about which the laws prohibit discrimination, the decisions and conduct of the employers that are prohibited, and how an employee can file a charge with the EEOC. In light of newer technology, the poster has a QR code so an employee can user a phone to jump straight to the EEOC’s web site for filing a charge.

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