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Recent Blog Posts

Are Uber and Lyft workers employees?

Are “Community Drivers” Employees or Independent Contractors?

By Bayless Law Firm PLLC |

You’re driving somewhere anyway, so why not pick someone up and give them a ride, and make some cash for the favor? Companies like Uber and Lyft are exploiting this idea across America, turning everyday drivers into employees of their nationwide cab services. But are they employees? The companies don’t think so, but some… Read More »

OtisKnee found liable for defective device

Medical Device Manufacturer Settles Criminal and Civil Charges for $80 Million

By Bayless Law Firm PLLC |

OtisMed, the maker of the OtisKnee surgical knee replacement guide, has pleaded guilty in federal court in New Jersey for selling an adulterated medical device. The defective product manufacturer has also agreed to pay $80 million to settle other outstanding criminal and civil charges that it put the health and safety of patients at… Read More »

Government worker alleges discrimination

Appeals Court Looks at Public Sector Discrimination Case

By Bayless Law Firm PLLC |

A recent decision out of the 10th Circuit Court of Appeals in Denver illustrates how different an employment discrimination case can be when the employer is a public entity instead of a private employer. Government employers must meet an extra burden to defend such claims, since public sector employees may bring constitutional challenges as… Read More »

Construction Workers

West Virginia Prevailing Wage Law Under Attack

By Bayless Law Firm PLLC |

West Virginia’s prevailing wage law has been a target of a handful of state lawmakers for some time, including as recently as last year (see Senate Bill 360, which died in committee). With a Republican majority coming on board this month, this idea may finally get the traction it needs to move forward and… Read More »

Medical Devices

Defective Medical Devices: A Year in Review

By Bayless Law Firm PLLC |

Last year, the U.S. Food and Drug Administration (FDA) issued recalls of defective or dangerous medical products at the rate of about five per month, on average, for a total of 60 recalls in 2014. This list of recalls only includes the most serious device recalls where there is a reasonable chance that use… Read More »

Social Security Disability

SSD for Adult Children with No Work History

By Bayless Law Firm PLLC |

Social Security Disability (SSD) is available for people who can no longer work because of a disability. Benefits are based on the individual’s work history, but what about a person who was born with a disability or has never worked due to disability? SSD may still be available, based on the work history of… Read More »

Medical Malpractice

Wisconsin Judge Says State’s Cap on Medical Malpractice Damages is Unconstitutional as Applied to Woman With Four Limbs Amputated

By Bayless Law Firm PLLC |

Most states have caps on the amount of damages an injured plaintiff can recover in a medical malpractice lawsuit. The caps are usually placed on “non-economic damages” such as pain and suffering, emotional distress, and loss of enjoyment in life. In West Virginia, plaintiffs are limited to recovering no more than $250,000 in noneconomic… Read More »

Pregnancy Discrimination

Pregnancy Discrimination Case Goes to the Supreme Court

By Bayless Law Firm PLLC |

In 2006, UPS declined to give part-time truck driver Peggy Young light duty during her pregnancy. Instead, the company put her on unpaid leave. This December, the Supreme Court will determine whether UPS’ policies and actions were appropriate under the Pregnancy Discrimination Act. Different Interpretations of the Pregnancy Discrimination Act Passed in 1978 as… Read More »

Employee Handbook

Exceptions to the Employment At Will Doctrine

By Bayless Law Firm PLLC |

You may have heard that West Virginia is an employment at-will state. What this means is that in general workers do not have any guaranteed rights to continued employment. An at-will employee is one who can be fired at any time for any reason. In fact, the employer is not even required to give… Read More »

Semi Truck

Nearly 18,000 Semi-Trucks Discovered with Safety Violations in One Three-Day Inspection Period

By Bayless Law Firm PLLC |

Every year for the last 27 years, the Federal Motor Carrier Safety Administration (FMCSA) and the Commercial Vehicle Safety Alliance (CVSA) have joined forces to conduct Roadcheck, a 72-hour truck safety enforcement blitz. Roadcheck 2014 was conducted from June Third to Fifth this year at 2,500 locations across the U.S., Canada and Mexico. Over… Read More »

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