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
Labor & Employment
How the Fair Labor Standards Act Applies to USVI Employers
For business owners in the U.S. Virgin Islands, the laws governing employees’ hours and pay are based for the most part upon the standards set forth in the federal Fair Labor Standards Act (FLSA). A landmark piece of legislation, the FLSA includes firm requirements that impact both public and private sector employees.
The original statute…
How Can Businesses Defend Against Wrongful Termination Claims?
Most states and territories throughout the U.S. operate under the concept of employment at-will, meaning that an employer can terminate an employee for virtually any reason or for no reason at all, as long as the reason for termination is not related to federally protected categories such as race, sex, disability or age — or…
How to Determine if a Worker is an Independent Contractor or Employee
As a business owner, you may have to decide whether to hire independent contractors or regular employees for various positions. Both practices have their advantages and disadvantages, and are subject to very different rules when it comes to taxes.
Although you do not usually have to withhold or pay any partial taxes for independent contractors…
Five Tips for Avoiding Employment Discrimination Issues
Discrimination in the workplace is a serious issue, and all employers in the U.S. Virgin Islands need to take steps to ensure discrimination does not take place within their businesses or organizations.
This issue may take a variety of forms, and employers are prohibited by law from discriminating against workers based on their age, gender…
Postal Worker Accused of Stealing May Have Retaliated Against Employer
After filing a lawsuit in April accusing her employers of withholding pay, Rosemarie Peltier, a nine-year employee of the U.S. Postal Service, has been charged with stealing more than $29,000 from the agency since she was forced to take her leave.
The former postal worker was actually placed on leave without pay in June 2002…
Bill in U.S. Virgin Islands Legislature Could Hurt Local Employers
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…
Court of Appeals Ruling Impacts Successor-Employer Liability for FSLA Violations
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…
Should You Have Employees Sign Non-Compete Agreements?
In many industries, businesses find themselves competing for the top employees, and it has become increasingly common in recent years for employers to ask or require staff members to sign non-compete agreements. By signing these documents, an employee agrees not to work for a direct competitor for a specified amount of time after leaving the…
Hiring Your First Employee: Your Company’s Key Legal Requirements
One of the biggest milestones for any start-up or small business in the U.S. Virgin Islands is hiring your first employee. This can be more difficult than some business owners initially think, and there are a number of legal requirements you need to keep in mind as you engage in this process.
Before extending an…

