(304) 523-2100 Huntington, WV

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

Jenkins Fenstermaker, PLLC

325 Eighth Street

Huntington, WV 25701-2225

Phone (304) 523-2100

Toll Free (866) 617-4736

Image of a calendar stressing how important it is for employers to give proper notice before changing employee pay in WV.

Give Proper Notice before Changing Employee Pay

By Jenkins Fenstermaker, PLLC on 07/26/2016

Giving advance notice before pay change may not be in the forefront the mind of an employer. Sometimes, an employer’s attempt to navigate one new rule, regulation or law results in action that is governed by a completely different set of rules, regulations, or laws. Such was the case with proposed changes in federal labor laws under an Obama-era United States Department of Labor (DOL) proposed “final rule” that would have increased the minimum salary for exempt employees. Anticipating that new rule, some employers adjusted employee pay, hours, or exempt status before the rule was to take effect. In doing so, West Virginia employers may have forgotten their own state’s law requiring advance notice to employees before a pay change.

Image of a depressed manager, representing defense of psychiatric worker's compensation claims and how damaging those claims can be to a business.

How to Handle Psychiatric Workers’ Compensation Claims

By Steven K Wellman Of Jenkins Fenstermaker, PLLC on 07/22/2016

A common question presented to workers’ compensation attorneys involves how to handle psychiatric workers’ compensation claims. A 2012 opinion of the West Virginia Supreme Court of Appeals illustrates one approach to deciding this difficult question.

Image of a newspaper, representing the news regarding how Governor Tomblin vetoed the WV Workplace Freedom Act.

Governor Tomblin Vetoes the “Workplace Freedom Act” and the Prevailing Wage Bill

By Jenkins Fenstermaker, PLLC on 02/17/2016

The law setting prevailing wages in West Virginia has been a source of controversy through the years. Some argue that the law inflates the cost of West Virginia public construction contracts. Others argue that the law benefits local workers and companies, evening the playing field with out-of-state contractors. In 2016, the tables turned when the West Virginia Legislature repealed the prevailing wages law. Now, both sides will test their arguments.

Image of the dashboard of a car, including the navigation system, representing the potential effects of transportation network companies in WV.

Authorization of Transportation Network Companies in WV

By Jenkins Fenstermaker, PLLC on 02/08/2016

With the rise of rideshare services in West Virginia (WV), or transportation network companies ("TNCs"), better known as companies like Uber and Lyft, concern over financial responsibility became an important topic.   The most similar legislation at the time would be the regulation on taxi cabs and taxi stands.  This wasn’t a good specification of what the TNC drivers should be involved with for regulations.  New bills were being introduced to find more appropriate regulations.

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