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Labor and Employment Archives

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.

Workplace Drug Testing in WV Under the WV Safer Workplaces Act

As of July 7, 2017, employers have much more leeway to conduct workplace drug testing in WV for illegal drugs--but only if employers also institute new procedural safeguards. That is because on April 8, 2017 the House of Delegates passed the West Virginia Safer Workplaces Act.

How to Handle Anonymous Complaints: Pay Attention Now or Pay Your Attorney Later

Should your company pay any attention to anonymous complaints? I have heard several people say that anonymous complaints are not worth the paper they are written on. The last time I heard such comments came during a presentation I gave on employee handbooks. I was outlining the elements of a good handbook policy on sexual harassment. One element I advocated is a channel for employees to anonymously report sexual harassment as well as any other complaints.

WV Tobacco Use Discrimination: What Employers Need to Know

Employers in the Mountain State need to know that West Virginia (WV) law prohibits discrimination against employees who use tobacco products while not at work. Commonly known as a "smoker protection law," the WV tobacco use discrimination law places significant restrictions on actions employers may take due to off-duty tobacco use.

The NLRB blows the joint (employer test): Hy-Brand sets new standard

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.
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