Drew Capuder

The Depth of MAGA’s Moral Collapse How we got to “I love Hitler.”

“Professing love for Hitler is more than anti-Semitic—it’s antihuman,” George Packer argues. The Young Republicans’ texts “degrade all of us”:

Trump’s Very Own Basket of Deplorables The president and his movement are dropping the fig leaf and declaring half the country the enemy. How can this go on?

“Basket of deplorables” would be one of the milder ways that the Trump movement—and, for that matter, the entire federal government now—talks about its enemies today.

Happy Independence Day!!! Let me start with one of my favorite letters from American history, a letter from John Adams to his wife, Abigail, about the decision on July 2, 1776, for the colonies to declare their independence: "The second day of July, 1776, will be the most memorable epocha in the history of America. I am apt to believe that it will be celebrated by succeeding generations as the great anniversary festival.

Happy Independence Day!!!

Let me start with one of my favorite letters from American history, a letter from John Adams to his wife, Abigail, about the decision on July 2, 1776, for the colonies to declare their independence: "The second day of July, 1776, will be the most memorable epocha in the…

The West Virginia Human Rights Act has moved! This is really just a heads up to other attorneys. I am still seeing a lot of lawyers incorrectly cite the West Virginia Human Rights Act to its prior location. The West Virginia had been originally codified at § 5-11-1. Because of the West Virginia legislature reorganizing last year various part of the West Virginia Code, the Human Rights Ac t has been relocated to W.

The West Virginia Human Rights Act has moved!

This is really just a heads up to other attorneys. I am still seeing a lot of lawyers incorrectly cite the West Virginia Human Rights Act to its prior location. The West Virginia had been originally codified at § 5-11-1. Because of the West Virginia…

Background Checks in Hiring—What Employers Can (and Can’t) Do Introduction Running background checks on job applicants is a pretty standard part of the hiring process these days. But just because something is common doesn’t mean it’s simple. Between federal laws, state regulations, and privacy concerns, employers have to walk a fine line. And for applicants, it’s important to understand your rights—especially if something from your past might show up.

Background Checks in Hiring—What Employers Can (and Can’t) Do

Introduction Running background checks on job applicants is a pretty standard part of the hiring process these days. But just because something is common doesn’t mean it’s simple. Between federal laws, state regulations, and privacy…

Understanding “Constructive Discharge” in Employment Law—When Quitting Is Really Getting Fired IntroductionMost people think of getting fired as a clear-cut event—your boss calls you into the office, maybe there’s a stern conversation, and you’re sent packing. But not every termination is that explicit. Sometimes, the working conditions get so bad that an employee feels they have no real choice but to quit. That’s where the legal concept of constructive discharge comes into play.

Understanding “Constructive Discharge” in Employment Law—When Quitting Is Really Getting Fired

IntroductionMost people think of getting fired as a clear-cut event—your boss calls you into the office, maybe there’s a stern conversation, and you’re sent packing. But not every termination is that…

Navigating the Intersection of Employment Law and Social Media in West Virginia I'm following up on my earlier article about social media issues in the workplace. Introduction In today's digital age, social media platforms like Facebook, Twitter, LinkedIn, and Instagram have become integral to our daily lives. For employers and employees alike, these platforms offer opportunities for networking, branding, and personal expression. However, they also present challenges when personal posts intersect with professional responsibilities.

Navigating the Intersection of Employment Law and Social Media in West Virginia

I'm following up on my earlier article about social media issues in the workplace. Introduction In today's digital age, social media platforms like Facebook, Twitter, LinkedIn, and Instagram have become integral to our…

Interference Claims Under the Family and Medical Leave Act: What Employees and Employers Need to Know The Family and Medical Leave Act of 1993 (FMLA) provides eligible employees with the right to take unpaid, job-protected leave for certain family and medical reasons. But what happens when an employer allegedly blocks, discourages, or denies that leave? That’s where the interference claim comes in. This article dives into the legal foundation for FMLA interference claims, what employees must prove, the defenses employers can raise, and the damages available to successful claimants.

Interference Claims Under the Family and Medical Leave Act: What Employees and Employers Need to Know

The Family and Medical Leave Act of 1993 (FMLA) provides eligible employees with the right to take unpaid, job-protected leave for certain family and medical reasons. But what happens when an…

The FMLA and Intermittent Leave: Balancing Flexibility with Compliance IntroductionThe Family and Medical Leave Act (FMLA) is one of those workplace laws that almost everyone’s heard of—but few really understand until they’re knee-deep in paperwork, doctor’s notes, and questions about what counts as “serious.” And among the most misunderstood areas? Intermittent leave. Whether you're representing a clinic juggling nurse schedules or advising a worker managing migraines or caregiving duties, intermittent FMLA leave is where things get tricky.

The FMLA and Intermittent Leave: Balancing Flexibility with Compliance

IntroductionThe Family and Medical Leave Act (FMLA) is one of those workplace laws that almost everyone’s heard of—but few really understand until they’re knee-deep in paperwork, doctor’s notes, and questions about what counts…

The Legal Ins and Outs of Employment References in West Virginia Let’s face it—providing references for former employees can feel like walking a tightrope. Employers want to be honest, but they also want to avoid getting sued. Employees want a fair shot at future jobs, but worry that a bad reference will sabotage their chances. And as with many areas of employment law, it’s not always clear where the legal lines are drawn.

The Legal Ins and Outs of Employment References in West Virginia

Let’s face it—providing references for former employees can feel like walking a tightrope. Employers want to be honest, but they also want to avoid getting sued. Employees want a fair shot at future jobs, but worry that a bad…

Time Rounding and Wage Claims: When Do Small Time Adjustments Become Big Legal Problems? Let’s talk about something that sounds minor—but can turn into a major wage-and-hour issue for employers: time rounding. You’ve probably seen it in action. An employee clocks in at 8:56 a.m., but the system rounds it to 9:00 a.m. Or someone clocks out at 5:04 p.m., but it’s recorded as 5:00 p.m. Seems harmless, right? Maybe even a helpful administrative shortcut.

Time Rounding and Wage Claims: When Do Small Time Adjustments Become Big Legal Problems?

Let’s talk about something that sounds minor—but can turn into a major wage-and-hour issue for employers: time rounding. You’ve probably seen it in action. An employee clocks in at 8:56 a.m., but the system…

The Evolving Standard for Hostile Work Environment Claims When employees say their workplace is “toxic” or “hostile,” they’re often using the term loosely—maybe it’s office drama, an annoying boss, or just a generally tense atmosphere. But in employment law, a hostile work environment has a very specific legal meaning. And as courts have refined the standard over the years, the line between what's actionable and what's just unpleasant has gotten sharper (but not necessarily clearer).

The Evolving Standard for Hostile Work Environment Claims

When employees say their workplace is “toxic” or “hostile,” they’re often using the term loosely—maybe it’s office drama, an annoying boss, or just a generally tense atmosphere. But in employment law, a hostile work environment has a very…

“At-Will” Employment in West Virginia: What It Really Means (and What It Doesn’t) Most folks in West Virginia—employers and employees alike—have heard the phrase “at-will employment.” It gets tossed around a lot, especially when someone’s been fired and is trying to figure out if it was legal. But like a lot of legal phrases, “at-will” means more (and sometimes less) than people assume. In this article, we’re going to take a clear-eyed look at what at-will employment actually means under West Virginia law, the key exceptions to it, and how courts treat wrongful discharge claims.

“At-Will” Employment in West Virginia: What It Really Means (and What It Doesn’t)

Most folks in West Virginia—employers and employees alike—have heard the phrase “at-will employment.” It gets tossed around a lot, especially when someone’s been fired and is trying to figure out if it was legal. But…

Drug testing in West Virginia, The Safer Workplace Act I recently wrote an article about workplace drug-testing, and this article takes a deeper dive into a relatively new law in West Virginia on the issue. The West Virginia Safer Workplace Act (the "Act"), W. Va. Code § 21-3E-1 et seq,, passed in 2017, represents a significant development in the state's approach to workplace drug and alcohol testing. Enacted to provide employers with greater latitude in ensuring safe and productive work environments, the Act addresses several legal precedents and attempts to establish clear guidelines for both employers and employees.

Drug testing in West Virginia, The Safer Workplace Act

I recently wrote an article about workplace drug-testing, and this article takes a deeper dive into a relatively new law in West Virginia on the issue. The West Virginia Safer Workplace Act (the "Act"), W. Va. Code § 21-3E-1 et seq,, passed in…

Understanding Joint Employment Under Federal and West Virginia Law If you work in healthcare, hospitality, or any industry that relies on staffing agencies, franchise models, or shared employment structures, you’ve likely encountered the concept of joint employment. But what does it actually mean? And more importantly, how could it affect you or your clients? Joint employment occurs when multiple entities—like a company and a staffing agency, or a franchisor and a franchisee—share control over an employee’s work.

Understanding Joint Employment Under Federal and West Virginia Law

If you work in healthcare, hospitality, or any industry that relies on staffing agencies, franchise models, or shared employment structures, you’ve likely encountered the concept of joint employment. But what does it actually mean?…

Understanding the Interactive Process Under the ADA: A Two-Way Street Let’s talk about a concept in employment law that often gets overlooked or misunderstood—the “interactive process” under the Americans with Disabilities Act (ADA). If you represent employers or employees, or you’re an HR professional navigating accommodation requests, this process is absolutely central to ADA compliance. It’s also one of the more common areas where employers get tripped up—not necessarily by refusing to accommodate a disability, but by failing to communicate properly and in good faith.

Understanding the Interactive Process Under the ADA: A Two-Way Street

Let’s talk about a concept in employment law that often gets overlooked or misunderstood—the “interactive process” under the Americans with Disabilities Act (ADA). If you represent employers or employees, or you’re an HR…

Workplace Whistleblower Protections: What Employees and Employers Need to Know Whistleblowing is one of the most powerful tools for exposing illegal activities in the workplace. Employees who report misconduct, fraud, or safety violations help keep businesses accountable, but they also risk retaliation. Federal and state laws offer protections for whistleblowers, ensuring they can report wrongdoing without fear of losing their jobs. Let’s break down what both employees and employers should know about whistleblower protections.

Workplace Whistleblower Protections: What Employees and Employers Need to Know

Whistleblowing is one of the most powerful tools for exposing illegal activities in the workplace. Employees who report misconduct, fraud, or safety violations help keep businesses accountable, but they also risk…

When Personal Conduct Off the Clock Leads to Termination: Off-Duty Behavior and Employment Law Let’s talk about something that’s become more and more relevant in today’s world—off-duty conduct. What happens when an employee gets into trouble outside of work? Can an employer fire someone for something they did on their own time? And how do courts draw the line between private behavior and job-related consequences? The short answer: yes, employers often can terminate someone for off-duty conduct, but it depends heavily on the circumstances—and there are key legal protections that limit this right.

When Personal Conduct Off the Clock Leads to Termination: Off-Duty Behavior and Employment Law

Let’s talk about something that’s become more and more relevant in today’s world—off-duty conduct. What happens when an employee gets into trouble outside of work? Can an employer fire someone for…

The Legality of Employee Dress Codes and Grooming Policies Workplace dress codes and grooming policies are a common part of employment, but they can also create legal challenges. Employers want professional-looking employees, while workers want to express themselves and avoid unnecessary restrictions. So, where’s the legal line? Let’s break down the do’s and don’ts of workplace appearance policies. Can Employers Legally Enforce Dress Codes? Yes, employers generally have the right to enforce dress codes and grooming policies, as long as they are job-related and applied fairly.

The Legality of Employee Dress Codes and Grooming Policies

Workplace dress codes and grooming policies are a common part of employment, but they can also create legal challenges. Employers want professional-looking employees, while workers want to express themselves and avoid unnecessary…

The Legal Implications of Employee Social Media Use Social media has transformed how people communicate, but it has also created legal challenges in the workplace. Employers want to protect their reputation and confidential information, while employees want to express themselves freely. The big question is: how much control can an employer legally exert over an employee’s social media activity? Let’s break it down. Can Employers Restrict Employee Social Media Use?

The Legal Implications of Employee Social Media Use

Social media has transformed how people communicate, but it has also created legal challenges in the workplace. Employers want to protect their reputation and confidential information, while employees want to express themselves freely. The big…

The Ministerial Exception for Religion Discrimination Claims I generally addressed religion discrimination claims in a separate article today. This particle addresses a very important aspect of those types of cases, the "ministerial exception" which effectively precludes claims of discrimination against religious organizations where the role of the plaintiff involves "ministerial duties". More about what that means below. What is the ministerial exception? The ministerial exception is a judicially created doctrine under U.S.

The Ministerial Exception for Religion Discrimination Claims

I generally addressed religion discrimination claims in a separate article today. This particle addresses a very important aspect of those types of cases, the "ministerial exception" which effectively precludes claims of discrimination…

Religious Discrimination in the Workplace: Rights and Responsibilities Religious discrimination in the workplace is a growing issue in employment law, affecting both employers and employees. With an increasingly diverse workforce, understanding legal protections and obligations regarding religious beliefs and practices is essential. Let’s dive into how federal and state laws handle religious discrimination and what both employers and employees should know. What Is Religious Discrimination? Religious discrimination occurs when an employer treats an employee unfavorably because of their religious beliefs or practices.

Religious Discrimination in the Workplace: Rights and Responsibilities

Religious discrimination in the workplace is a growing issue in employment law, affecting both employers and employees. With an increasingly diverse workforce, understanding legal protections and obligations regarding religious…

Legal protections for pregnancy employees A pregnant employee in West Virginia is protected under federal and state laws that provide workplace rights, prohibit discrimination, and require reasonable accommodations, particularly for medical complications related to pregnancy. Below is an overview of the key legal protections and employer obligations. Federal Legal Protections for Pregnant Employees 1. Pregnancy Discrimination Act (PDA) – 42 U.S.C. § 2000e(k) The Pregnancy Discrimination Act (PDA) is an amendment to Title VII of the Civil Rights Act of 1964 and prohibits discrimination based on pregnancy, childbirth, or related medical conditions.

Legal protections for pregnancy employees

A pregnant employee in West Virginia is protected under federal and state laws that provide workplace rights, prohibit discrimination, and require reasonable accommodations, particularly for medical complications related to pregnancy. Below is an overview…

The ADA Amendments Act of 2008 This article accompanies my general article from today on disability discrimination law. On the important threshold issue of whether an employee is even protected by the ADA, that is controlled by whether the employee has a disability as defined by the ADA. The federal law on that issue is dramatically different before and after 2008, as I explain below, so everyone has to be very careful about relying on law before 2008 for the ADA.

The ADA Amendments Act of 2008

This article accompanies my general article from today on disability discrimination law. On the important threshold issue of whether an employee is even protected by the ADA, that is controlled by whether the employee has a disability as defined by the ADA. The…

Workplace Disability Discrimination: Understanding Rights and Employer Obligations Disability discrimination in the workplace is an issue that affects both employees and employers. With the Americans with Disabilities Act (ADA) setting the legal framework, businesses must navigate reasonable accommodations while ensuring compliance. Employees, on the other hand, need to understand their rights and what steps to take if they experience discrimination. Let’s break it down. What Is Disability Discrimination?

Workplace Disability Discrimination: Understanding Rights and Employer Obligations

Disability discrimination in the workplace is an issue that affects both employees and employers. With the Americans with Disabilities Act (ADA) setting the legal framework, businesses must navigate reasonable…

The Family and Medical Leave Act (FMLA): What Employers and Employees Need to Know Life happens—whether it’s the birth of a child, a serious health condition, or the need to care for a sick family member. The Family and Medical Leave Act (FMLA) provides eligible employees with the right to take unpaid, job-protected leave in these situations. But FMLA can be tricky, and both employers and employees need to understand their rights and responsibilities.

The Family and Medical Leave Act (FMLA): What Employers and Employees Need to Know

Life happens—whether it’s the birth of a child, a serious health condition, or the need to care for a sick family member. The Family and Medical Leave Act (FMLA) provides eligible employees with the right to take…

The Roles of the EEOC and the West Virginia Human Rights Commission in Workplace Discrimination Claims Workplace discrimination is a serious issue, and employees who believe they’ve been treated unfairly often turn to the Equal Employment Opportunity Commission ("EEOC") or the West Virginia Human Rights Commission ("HRC") for help. But what exactly do the EEOC and HRC do, and how does the complaint process work? Whether you’re an employer trying to stay compliant or an employee considering filing a claim, it is important to understand the EEOC’s and HRC's roles.

The Roles of the EEOC and the West Virginia Human Rights Commission in Workplace Discrimination Claims

Workplace discrimination is a serious issue, and employees who believe they’ve been treated unfairly often turn to the Equal Employment Opportunity Commission ("EEOC") or the West Virginia Human…

The WARN Act: What Employers and Employees Need to Know About Mass Layoffs Mass layoffs and plant closures are tough for everyone involved. Employees lose their jobs, and businesses face financial and legal consequences. The Worker Adjustment and Retraining Notification (WARN) Act is a federal law that protects workers by requiring advance notice of large-scale layoffs. If you’re an employer planning workforce reductions or an employee wondering about your rights, here’s what you need to know.

The WARN Act: What Employers and Employees Need to Know About Mass Layoffs

Mass layoffs and plant closures are tough for everyone involved. Employees lose their jobs, and businesses face financial and legal consequences. The Worker Adjustment and Retraining Notification (WARN) Act is a federal law…

The Legality of Workplace Surveillance: Balancing Business Interests and Employee Privacy In an era of remote work, digital monitoring, and AI-powered analytics, workplace surveillance is becoming more common. Employers want to ensure productivity, prevent misconduct, and protect company assets. But where’s the line between reasonable monitoring and an invasion of privacy? Understanding the legal framework around workplace surveillance helps both employers and employees navigate this tricky issue. Can Employers Legally Monitor Employees?

The Legality of Workplace Surveillance: Balancing Business Interests and Employee Privacy

In an era of remote work, digital monitoring, and AI-powered analytics, workplace surveillance is becoming more common. Employers want to ensure productivity, prevent misconduct, and protect company assets.…

The Legal Risks of Misclassifying Employees as Independent Contractors Misclassifying employees as independent contractors is one of the biggest pitfalls in employment law, and it’s an issue that both employers and workers need to understand. Getting it wrong can mean serious legal and financial consequences. So, what’s the difference, why does it matter, and how can businesses avoid costly mistakes? Employee vs. Independent Contractor: What’s the Difference? At its core, the distinction between an employee and an independent contractor comes down to control.

The Legal Risks of Misclassifying Employees as Independent Contractors

Misclassifying employees as independent contractors is one of the biggest pitfalls in employment law, and it’s an issue that both employers and workers need to understand. Getting it wrong can mean serious legal and financial…