Open Access. Powered by Scholars. Published by Universities.®

Labor and Employment Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 14 of 14

Full-Text Articles in Labor and Employment Law

Employee Testing, Tracing, And Disclosure As A Response To The Coronavirus Pandemic, Matthew T. Bodie, Michael Mcmahon Jan 2020

Employee Testing, Tracing, And Disclosure As A Response To The Coronavirus Pandemic, Matthew T. Bodie, Michael Mcmahon

All Faculty Scholarship

As the COVID-19 pandemic continues to devastate the United States, the federal government has largely failed to implement a national program to prevent and contain the virus. As a result, many employers have undertaken their own workplace coronavirus mitigation efforts. This essay examines, in three parts, the legal framework surrounding employer systems of workplace testing, tracing, and disclosure. It first examines the legal issues surrounding employer-mandated COVID-19 testing and temperature checks, especially issues arising under the Americans with Disabilities Act (ADA) and Health Information Portability and Accountability Act (HIPAA). Regarding employer contact tracing efforts, the essay next reviews the multitude …


The Failed Promise Of Workplace Health Regulation, David C. Vladeck Sep 2008

The Failed Promise Of Workplace Health Regulation, David C. Vladeck

West Virginia Law Review

No abstract provided.


Director, Owcp V. Greenwich Collieries: The End Of The True Doubt Rule, Allan Brown Jun 1995

Director, Owcp V. Greenwich Collieries: The End Of The True Doubt Rule, Allan Brown

West Virginia Law Review

No abstract provided.


Modification Of Benefits For Claimants Under The Federal Black Lung Benefits Program, Rita A. Massie Jun 1995

Modification Of Benefits For Claimants Under The Federal Black Lung Benefits Program, Rita A. Massie

West Virginia Law Review

No abstract provided.


Federal Black Lung Update, Allen R. Prunty, Mark E. Solomons Jun 1990

Federal Black Lung Update, Allen R. Prunty, Mark E. Solomons

West Virginia Law Review

No abstract provided.


The Federal Black Lung Program: Its Evolution And Current Issues, Allen R. Prunty, Mark E. Solomons Apr 1989

The Federal Black Lung Program: Its Evolution And Current Issues, Allen R. Prunty, Mark E. Solomons

West Virginia Law Review

No abstract provided.


Can Coal Miners Escape Black Lung--An Analysis Of The Coal Miner Job Transfer Program And Its Implications For Occupational Medical Removal Protection Programs, Emily A. Spieler Apr 1989

Can Coal Miners Escape Black Lung--An Analysis Of The Coal Miner Job Transfer Program And Its Implications For Occupational Medical Removal Protection Programs, Emily A. Spieler

West Virginia Law Review

No abstract provided.


Stapleton V. Westmoreland Coal Company: Toward Making The Interim Presumption Irrebuttable, Michael D. Weikle Apr 1987

Stapleton V. Westmoreland Coal Company: Toward Making The Interim Presumption Irrebuttable, Michael D. Weikle

West Virginia Law Review

No abstract provided.


The Basics Of Federal Black Lung Litigation, Samuel J. Smith, Ford F. Newman Jun 1981

The Basics Of Federal Black Lung Litigation, Samuel J. Smith, Ford F. Newman

West Virginia Law Review

No abstract provided.


A Lawyer's Medical Guide To Black Lung Litigation, N. Leroy Lapp M.D. Jun 1981

A Lawyer's Medical Guide To Black Lung Litigation, N. Leroy Lapp M.D.

West Virginia Law Review

No abstract provided.


Counseling The Coal Miner Suffering From Respiratory Disease, Gail Falk Jun 1981

Counseling The Coal Miner Suffering From Respiratory Disease, Gail Falk

West Virginia Law Review

No abstract provided.


A Critical Analysis Of The Legislative History Surrounding The Black Lung Interim Presumption And A Survey Of Its Unresolved Issues, Mark E. Solomons Jun 1981

A Critical Analysis Of The Legislative History Surrounding The Black Lung Interim Presumption And A Survey Of Its Unresolved Issues, Mark E. Solomons

West Virginia Law Review

No abstract provided.


The Black Lung Benefits Act: An Operator's Perspective, J. Randolph Query Jun 1981

The Black Lung Benefits Act: An Operator's Perspective, J. Randolph Query

West Virginia Law Review

To be successful, attorneys must acquire certain basic skills and knowledge in their respective areas of expertise. Additionally, attorneys must participate in continuing legal education to maintain these basic skills and knowledge. This is especially true for federal black lung attorneys due to the dynamic nature of the law in this area. Federal black lung law has changed dramatically since the orginial enactment of Title IV of the Federal Coal Mine Health and Safety Act of 1969. Since its passage in December 1969, the Act has been substantially amended twice, first by the Black Lung Benefits Act of 1972 (BLBA), …


The Black Lung Benefits Reform And Revenue Acts Of 1977, John Rollins Jun 1978

The Black Lung Benefits Reform And Revenue Acts Of 1977, John Rollins

West Virginia Law Review

On February 15, 1978, Congress enacted the Black Lung Benefits Reform Act of 1977. The passage of this legislation followed months of congressional indecision over just how the existing black lung benefits system could be reformed. During this period, the financing of the program appeared to be the most divisive issue. That issue was finally resolved by the enactment in late January of the Black Lung Benefits Revenue Act of 1977. After this hurdle was cleared, the conference committee report on the reform act easily passed both houses.' The Act, which amended the Federal Coal Mine Health and Safety Act …