Virgin Islands Law Blog

Virgin Islands Law Blog

U.S. Virgin Islands law & politics

Category Archives: Labor & Employment

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USVI Labor Relations Act Includes Regulations on Employee Breaks

Posted in Labor & Employment
For business owners and employees alike, one of the most frequently debated aspects of the average workday involves the negotiation and scheduling of employee meal breaks and brief resting periods. Many workers cherish their break time, while others may be indifferent — and it can create complications for employers when attempting to schedule their staff… Continue Reading

Workers’ Compensation Laws for U.S. Virgin Islands

Posted in Labor & Employment
As most business owners know, workers’ compensation is a program that insures both employers and employees in the event a worker suffers an injury or is killed on the job. By compensating injured workers or their families through the Government Insurance Fund of the U.S. Virgin Islands, rather than mandating that compensation be paid directly… Continue Reading

Bill in U.S. Virgin Islands Legislature Could Hurt Local Employers

Posted in Government Relations, Labor & Employment
A proposed bill before the Legislature of the Virgin Islands has the potential to hurt employers and business owners throughout the Territory and inhibit expansion of small businesses. Bill No. 30-0349, known as the Virgin Islands Healthy Workplace Act of 2014, aims to address issues like bullying, abuse and harassment at work — which the… Continue Reading

Court of Appeals Ruling Impacts Successor-Employer Liability for FSLA Violations

Posted in Labor & Employment
On April 3, the Third Circuit Court of Appeals set an important precedent regarding successor-employee liability for the U.S. Fair Standards Labor Act (FSLA). For the first time, the court determined that a successor-employer — one that has acquired an existing business and chooses to continue its operations in the same manner as the previous… Continue Reading

Third Circuit Says Company’s Handling of Disability Claim OK

Posted in Labor & Employment
Ralph Van Deventer worked for Johnson & Johnson (Johnson) as a Compliance Analyst until he became disabled from multiple weaknesses in his skeletal structure and tenosynovitis of the left ankle. Van Deventer was enrolled in Johnson’s Long Term Disability Income Plan for Choice Eligible Employees (the “Plan”), which had two different, time-sensitive definitions of “disabled.” … Continue Reading

U.S. Third Circuit Holds Firing Alcoholic Employee for Relapse Not ADA Violation

Posted in Labor & Employment
The U.S. Third Circuit Court of Appeals has ruled that a freight transportation company did not violate the Americans with Disabilities Act (ADA) and other antidiscrimination laws when it terminated an alcoholic employee who violated a Return to Work (RWA) agreement. In Ostrowski v. Con-way Freight, the RWA violation occurred when the employee suffered a relapse… Continue Reading

Court Recognizes Constructive Discharge Employment Claim for First Time under VI Wrongful Discharge Act

Posted in Labor & Employment
Judge Susan D. Wigenton of the District Court of the Virgin Islands, Division of St. Thomas and St. John recently entertained the motion of the defendant Marriott Hotel Management Company (Virgin Islands) (“MHMC”) and Marriott Hotel Services’ (“MHS”) to dismiss the complaint of Plaintiff Judy-Ann James Frederick concerning numerous employment violations, including wrongful discharge.… Continue Reading

Arbitration Clause Doesn’t Trip Up VI Employment Contract

Posted in Labor & Employment
Kwame Allen applied for employment in 2002 with Wyatt V.I., a company that performed various services at the HOVENSA refinery on St. Croix, U.S. Virgin Islands.  As part of his employment application, Allen signed a contract that contained a dispute resolution provision which stated that any controversy would be settled by arbitration in accordance with… Continue Reading