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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

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…." 


Image of hands shaking, representing how arbitration in West Virginia may be the solution to problems that have arisen in your business without the need to go to court. For help with your arbitration in West Virginia (WV), Kentucky (KY), or Ohio (OH), contact our lawyers

Thoughts from a WV Business Arbitration Lawyer

By Jenkins Fenstermaker, PLLC on 01/23/2018

When legal disputes arise, many expect to be vindicated by a decision made at a trial. The justice achieved in jury or bench trials is dramatized regularly on television, and we buy into that picture of litigation. But the reality is that juries are not made up of actors, and jurors don’t always behave in predictable, stereotypical ways. Sometimes, alternative dispute resolution is a less expensive and more secure way to achieve the goals in your legal dispute. Before insisting on their day in court, litigants should consider arbitration in West Virginia.


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