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Labor and Employment Archives

West Virginia Right to Work Law Finally Goes into Effect

The West Virginia Supreme Court has cleared the way for the state's right to work law to finally go into effect. This law, called the West Virginia Workplace Freedom Act, prevents employers from entering into agreements with unions that require employees to either join a union or pay a service fee to the union. The law was enacted early in 2016, right after the Republican party took control of the state's legislature. On September 15, 2017, the state's high court struck down a preliminary injunction that had prevented the enforcement of the Act, thereby paving the way for the West Virginia right to work law to go into effect.

Speakers on WV Law Available to Present about Employment Issues after a Workplace Injury

On September 12, 2017, a group of three Jenkins Fenstermaker attorneys had the honor of presenting to the West Virginia Rural Water Association (WVRWA) at their 32nd Annual Training and Technical Conference in Charleston, West Virginia (WV). Their presentation was entitled, "Accidents Will Happen: Employment Issues After a Workplace Injury."

West Virginia's new drug testing law takes effect on Friday

Starting this Friday, West Virginia employers will have much more leeway to test their employees for illegal drugs- but only if they also institute new procedural safeguards. That is because this Friday, July 7th, marks the effective date for the West Virginia Safer Workplace Act.

It's Your Choice: Pay Attention to Anonymous Complaints Now or Pay Your Defense Attorney Later

Should your company pay any attention to anonymous complaints? I recently heard two people say that anonymous complaints are not worth the paper they are written on. These comments came during a presentation I gave on employee handbooks. I was outlining the elements of a good handbook policy on sexual harassment. One element is a channel for employees to anonymously report harassment.

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").

The new overtime rule may never take effect - but don't relax just yet

Will the U.S. Court of Appeals for the Fifth Circuit allow the new overtime rule to go into effect? If it does, how long will it take for President-elect Trump and the Republican-led Congress to stop the rule? And what should employers do in the meantime?