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Labor and Employment Archives

WV Right to Work Law Debate Extended Indefinitely

The Supreme Court of Appeals of West Virginia (WV) has granted a motion to stay the February 2019 ruling of a Kanawha County judge that found portions of the WV right to work law unconstitutional. The court's order did not include an opinion on the matter but extends the stay indefinitely. Therefore, WV remains a right to work state pending further proceedings.

Avoiding WV Employment Discrimination Extends Beyond #MeToo

The #MeToo Movement has certainly grabbed its share of headlines, but sexual harassment is not the only form of workplace discrimination that employers must address. Being conscientious of all protected classes is critical to operating a workplace where employees are treated fairly and avoiding potential discrimination claims. There are a number of proactive steps that employers, large and small, can take to create positive, non-discriminatory work environments for all employees.

Avoiding and Defending Failure to Hire Claims: What You Should Know

Discrimination in the workplace can occur before a hire is even made. The laws barring workplace discrimination run the gamut of the employment process, including the pre-employment phase. Employers must be aware of what conduct is permissible and what conduct could be problematic in order to implement and follow appropriate hiring and recruiting practices. Preparation and knowledge are key in avoiding and defending failure to hire claims.

West Virginia Employment Law: Food for Thought for Mountain State Employers

Employers and those in labor management are often trained and experienced in the many federal laws governing labor and employment, but it is also wise to have current knowledge of the specific requirements of the states and municipalities in which you do business. Employers who are informed of potential and actual changes to West Virginia employment law will find themselves better positioned to prevent and defend against allegations of misconduct.

Confronting Unconscious Bias in WV--A Wise Move for Employers

We all have personal preferences, and sometimes we don't really know why we favor one thing over another; we just do. These subconscious inclinations impact our daily decision-making, even at work. West Virginia workplaces are affected by the bias of employees, whether it is intended or not. Unconscious bias in WV should be addressed by employers who wish to maintain a positive, diverse work environment and avoid discrimination and harassment complaints.

Mitigating WV Deliberate Intent Claims and Costs

In West Virginia (WV), a statutory exception allows employees or their representatives to circumvent workers' compensation immunity and file suit for monetary damages in limited circumstances. These WV deliberate intent claims can be complex and costly. A thorough comprehension of state law and the intricacies of workers' compensation in WV are needed to successfully defend deliberate intent cases.

WV Employer Retaliation Defense and Prevention

West Virginia (WV) employers are required by law to provide a workplace that is free from discrimination and harassment. Solidly crafted and enforced employment policies can create a culture that values diversity and deters discrimination. However, when litigation is threatened or arises, employers in the Mountain State may need to develop a WV employer retaliation defense strategy.

Our WV Employer Lawyers: Employer Defense Specialists on Your Side

WV labor laws, federal labor laws, and employer law precedents provide the framework for labor and employment disputes in the Mountain State. Even with this framework, disputes arise. Employers need seasoned WV employer lawyers to help traverse the myriad of state and federal labor laws and to represent the employer's interests when disagreements reach the trial level.

Norris Named the Best Lawyers 2018 Litigation - ERISA "Lawyer of the Year" in Charleston, WV

Jenkins Fenstermaker, PLLC is proud to announce that Charlotte Ann Hoffman Norris has been honored as the Best Lawyers® 2018 Litigation - ERISA "Lawyer of the Year" in Charleston, WV's metropolitan area. Based on peer evaluations, this award shows that Charlotte's peers recognize her 26 years of exemplary work in the area of ERISA litigation in employment law as outstanding in that practice area.

WV Employers' Workers' Compensation Duties

West Virginia (WV) employers know that handling workplace injuries properly is a serious issue. There are certain procedures that employers should follow when an employee is injured on the job. In order to ensure a smooth workers' compensation claim process, the employer must fulfill certain responsibilities. This article examines WV employers' workers' compensation duties after workplace injuries.
Jenkins Fenstermaker, PLLC Best | Client Recommended | 2019