Virgin Islands Law Blog

Virgin Islands Law Blog

U.S. Virgin Islands law & politics

Category Archives: Labor & Employment

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EEOC: Anti-Discrimination Laws Protect LGBT Workers

Posted in Labor & Employment
The U.S. Equal Employment Opportunity Commission (EEOC) ruled on July 15 that existing law protects lesbian, gay, bisexual and transgender individuals from workplace discrimination based on their sexual orientation. The ruling comes in response to a complaint filed in 2012 by an air traffic control specialist alleging that he was denied employment because he was… Continue Reading

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