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Jenkins Fenstermaker, PLLC

325 Eighth Street

Huntington, WV 25701-2225

Phone (304) 523-2100

Toll Free (866) 617-4736

Image of a book, paper, and a pen, representing a person who is trying to pull together a DIY estate plan rather than using a will attorney in WV or elsewhere. Learn about DIY estate planning in this article.

DIY Wills… Do I Really Need a Will Attorney in WV?

By Anna Melissa Price Of Jenkins Fenstermaker, PLLC on 02/08/2018

With the convenience of the Internet, a lot of West Virginians try to save money or try new things through “do-it-yourself (DIY)” research. You can find DIY car repair, DIY arts and crafts projects, DIY home repairs, and nearly every other topic imaginable. But when it comes to estate planning, it usually best to leave that job to a will attorney in WV.

Every project comes with inherent risk. If you don’t know what you’re doing, you could make any number of errors that could result in a poorly completed project, or worse, a complete project fail. And when a project fails, you’ll likely have to pay a professional more to fix it that it would have cost to have paid for it in the first place.


A photo of a doctor taking care of a child, representing donated healthcare in WV (West Virginia).

Incentivizing Donated Healthcare in WV

By Charlotte H. Norris Of Jenkins Fenstermaker, PLLC on 02/05/2018

The West Virginia (WV) Legislature has encouraged healthcare providers to donate their time and talents to care for indigent patients, including creating special licenses that aid qualified professionals in volunteering at free clinics, as well as providing civil immunity for that free care.  See e.g. W. Va. Code § 30-3-10a. Donated healthcare in WV works because it allows licensed professionals to donate their time caring for the poor in a clinical setting.


Image of a chalkboard displaying the word

The NLRB Blows the Joint (employer test): Hy-Brand Sets New Standard

By Jenkins Fenstermaker, PLLC on 01/29/2018

Employers have this funny quirk: They like to know the identities of their employees and get a bit testy when told they are wrong (it’s something to do with payroll, taxes and unions). That is why employers reacted negatively when the NLRB issued the Browning-Ferris Industries of California opinion in 2015 and created a new test for determining joint employment.


Is an Online Power of Attorney Form in WV Right for Me?

By Anna Melissa Price Of Jenkins Fenstermaker, PLLC on 01/25/2018

Many people know they need to have a power of attorney. Not wanting to pay a lawyer for drafting, they turn to the Internet to find a form document that will be legal where they live. Is this a safe strategy? This is a tricky question, and the answer depends on the law of the state where the person lives, although many general principles are common. To illustrate, let’s consider these issues in the context of a West Virginian who has completed a power of attorney form in WV.

This blog focuses on Internet-based powers of attorney. It is the second in a series designed to help people think through issues that often arise when considering powers of attorney. The first provides an overview of WV power of attorney laws, and the third focuses on specific power of attorney forms designed to achieve narrow purposes. 


Image of a group of figures in blue hats surrounding one figure wearing a red hat, representing the NLRB's shift from allowing micro-unions to its more recent decision disallowing them in the PCC Structurals case.

The NLRB Prefers the Camel to the Camel’s Nose: Micro-Unions under PCC Structurals

By Jenkins Fenstermaker, PLLC on 01/23/2018

How many unions can fit inside one building? After the NLRB issued its decision in Specialty Healthcare and Rehabilitation Center of Mobile in August 2011, the business community predicted that “micro-unions” would pop up in workplaces, vastly increasing the number of unions with whom an employer would be obliged to bargain. Senator Lamar Alexander said that a single store might find itself saddled with more than a dozen unions: “The National Labor Relations Board’s decision to allow micro-unions fractures workplaces…. your local department store could splinter into dozens of factions that the employer must now negotiate with — with the men’s clothing department, the bedding department, the fragrance department, and the women’s shoe department all represented by separate unions…." 


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