Virgin Islands Governor Extends Stay-At-Home Order and Suspends Plant Closing Act

On March 30, 2020, Governor of the U.S. Virgin Islands Albert Bryan Jr. issued an executive order extending both the previously declared State of Emergency through May 12, 2020, and the territory-wide “stay at home” order through April 30, 2020. The executive order includes several provisions that impact businesses with operations in the Virgin Islands.

20 Tips for U.S. Virgin Islands Employers in 2020: Workers’ Compensation Insurance Update

Conducting business in the Virgin Islands poses unique challenges not often encountered in the states, but also unique opportunities. This 20-part blog series will offer tips for doing business in the U.S. Virgin Islands, covering a broad array of topics affecting employers. Part one of this series addresses workers’ compensation insurance.

Reexamining Reasonableness: What Employers Should Know About the Third Circuit’s Take on the Faragher-Ellerth Defense

The Third Circuit Court of Appeals recently issued an opinion in Minarsky v. Susquehanna County, No. 17-2646 (July 3, 2018). The decision, which vacated the entry of summary judgment in favor of an employer that had asserted the Faragher-Ellerth defense to a sexual harassment claim based upon a hostile work environment, provides some important lessons for employers.

Readying Your Workplace for the Summer and Start of Hurricane Season: Rising Minimum Wage and Other Considerations for Employers in the U.S. Virgin Islands

With just weeks left before the start of summer, employers in the U.S. Virgin Islands may wish to ensure that they are in compliance with applicable laws governing wage payments. Effective June 1, 2018, the Virgin Islands minimum wage will increase from $9.50 per hour to $10.50 per hour.

Ninety Seconds Is Not Enough: Third Circuit Rules That Break Policy Violates the FLSA

In Secretary United States Department of Labor v. American Future Systems, Inc., No. 16-2685 (October 13, 2017), the Third Circuit Court of Appeals considered whether an employer’s failure to compensate employees for periods of 20 minutes or less time when they were relieved of all work-related duties violated the Fair Labor Standards Act (FLSA).

The FLSA and Your CBA: 3rd Circuit Finds Claims Were Not Subject to Dispute Resolution Provisions

In Jones v. SCO Silver Care Operations LLC, No. 16-1101 (May 18, 2017), the Third Circuit Court of Appeals addressed whether several certified nursing assistant plaintiffs were entitled to pursue their claims for violations of the Fair Labor Standards Act (FLSA) in court or were required to submit the claims to an arbitrator in accordance with the collective bargaining agreement (CBA) between their union and their employer.

Third Circuit Substitutes “Likely Reason” for “But For” at Summary Judgment Stage of Retaliation Case

In Carvalho-Grevious v. Delaware State University, No. 15-3521 (March 21, 2017), the Third Circuit Court of Appeals addressed an important evidentiary question: What evidence must a plaintiff adduce as part of a prima facie case of retaliation to survive a motion for summary judgment? The court held that a plaintiff alleging retaliation has a lesser burden at this stage, namely to produce sufficient evidence to raise the inference that the protected activity was the “likely reason” for the adverse employment decision.