Jenkins Fenstermaker, PLLC

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January 2017 Archives

YOU SHOULD NOW BE USING THE NEW I-9 FORM

Starting on January 22nd, employers were required to start using a new I-9 form. This is the form that employers must complete in order to verify the identity and work eligibility of employees. Employers who fail to use the new form "may be subject to all applicable penalties," according to the U.S. Immigration and Customs Enforcement agency ("ICE").

Workers' Compensation Claimant Surveillance: Is It Legal and How May It Be Used in West Virginia?

Our attorneys are often asked whether a West Virginia employer or workers' compensation carrier may conduct surveillance of a claimant and, if so, how that evidence may be used in potentially fraudulent claims

Staffing Agency Nurse Deemed Hospital Employee for Professional Liability Coverage Despite Contract Provisions

Many hospitals address staffing shortages (nurses and physicians) through staffing agencies. Standard staffing contracts provide that the nurses and/or physicians (locum tenens) are employees of the staffing agency and not the hospital. The staffing agency agrees that the nurses or physicians provided shall abide by the hospital's policies and bylaws. The hospital determines the work schedules and provides all necessary equipment and supplies. The hospital and staffing agency agree to purchase professional liability insurance and agree to terms of indemnification for the acts or omissions of their respective employees. All's well and good in the liability shifting arrangement, right? Not necessarily.