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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 judge's gavel representing how the new overtime rule died after a federal court in Texas issued a preliminary injunction.

The New Overtime Rule? Never Mind

By Jenkins Fenstermaker, PLLC on 11/23/2016

Do you remember Gilda Radner's portrayal of the Emily Litella character on Saturday Night Live? While in the midst of delivering an impassioned editorial, Emily would be informed that she had made a fundamental factual error. She would then end her tirade with a meek, "Never mind."

Those words seem appropriate this morning, in light of news from a federal district court in Texas. Late yesterday, the court issued a nationwide preliminary injunction against the U.S. Department of Labor ("DOL"). This injunction forbids the DOL from implementing its new overtime rule.

Image of a man reading a business article, representing that a WV business divorce can occur as a company grows and the need for an experienced law firm to handle legal aspects of the separation.

WV Business Divorce: Options When Your Business Relationship Fails

By Stephen J. Golder Of Jenkins Fenstermaker, PLLC on 11/10/2016

Have you ever heard of a "business divorce"? Everyone knows that a traditional divorce is the official end of a marital relationship. However, the term "divorce" is also being applied to the end of the relationship between business owners in West Virginia (WV), sometimes called a WV business divorce.

Image of a set of headphones used to protect hearing in an industrial setting, representing a workers' compensation claim and the need to contact an experienced attorney when you have been deemed the chargeable employer in a hearing loss claim.

Chargeable Employer in a Hearing Loss Claim in WV

By Steven K Wellman Of Jenkins Fenstermaker, PLLC on 10/27/2016

Most employers in West Virginia (WV) would never imagine that they would be deemed to be the chargeable employer in a hearing loss claim for an employee who worked a mere four days. But that's exactly what happened in a recent workers' compensation appeal before the West Virginia Supreme Court of Appeals, Pioneer Pipe, Inc. v. Swain et al.

Image of workplace flooring, representing the complications presented by claims of idiopathic falls and workers' compensation in WV as described by an experienced workers' compensation attorney.

Idiopathic Falls and Workers Compensation In WV

By Steven K Wellman Of Jenkins Fenstermaker, PLLC on 10/19/2016

How do courts decide whether injuries that result from on-the-job falls are compensable workers' compensation claims? Workplace falls are common and can lead to serious, even fatal injuries. No industry is free from the common hazard of idiopathic falls. As a result, many state court systems have considered the interplay between idiopathic falls and workers’ compensation, including the compensability of idiopathic falls.

Image of a pair of glasses laying on top of a contract, representing how drafting a WV arbitration clause requires the knowledge and experience of a business lawyer.

Think Your WV Arbitration Clause Is Solid? Consider This…

By Stephen J. Golder Of Jenkins Fenstermaker, PLLC on 09/14/2016

Arbitration can be a less expensive, relatively simple alternative to formal court litigation. Policy at the federal level clearly supports the ability of contracting parties to choose arbitrators over judges to resolve disputes. Regardless, many state courts find creative ways to avoid contractual arbitration clauses. Consider a recent case heard twice by the West Virginia (WV) Supreme Court of Appeals—the case of Schumacher Homes v. Spencer, which determined the enforceability of a WV arbitration clause in the parties’ contract.

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