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Legal News Archives

Jenkins Fenstermaker Attorneys Receive Charleston, WV "Lawyer of the Year" Recognitions

Four attorneys from the Huntington office of Jenkins Fenstermaker, PLLC have been recognized as 2019 Charleston, WV "Lawyer of the Year" in their respective practice areas in Best Lawyers in America©. With this honor, Best Lawyers identified four especially talented practitioners by practice area and by region based on peer nominations--all at this Huntington-headquartered firm.

2019 West Virginia Election Law Bills: What You Need to Know

The West Virginia Legislature has started up again, and new bills affecting West Virginia (WV) elections have already been introduced. Several bills relate to the Mountain State's election laws. If ultimately passed, the 2019 West Virginia election law bills would have an impact on several areas regarding voting in our state. To understand how these bills could affect you, follow this series of blogs discussing election law bills before the Legislature, including those listed below.

House Bill 2159 against Bullying in the Workplace in West Virginia

The issue of bullying in the workplace in West Virginia has come front and center in recent years, especially with the widespread use of social media and the ability of a person or people to, directly or anonymously, threaten, demean, or humiliate others. In 2017, the West Virginia Legislature considered House Bill 2159, legislation to provide legal relief for a person who has suffered physical, economic, or psychological harm as a result of bullying in the workplace.

Incentivizing Donated Healthcare in WV

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.

More West Virginia Employees May Soon Be Drug Tested

Employers in West Virginia may soon get more freedom to drug test their employees. That is the intent of the "West Virginia Safer Workplaces Act," which passed the House of Delegates on March 23, 2017, and is now awaiting action in the Senate.

Senate Bill 338 - Related to Medical Professional Liability

Senate Bill 338 was introduced February 16, 2017 and amends several statutory provisions of the West Virginia Medical Professional Liability Act ("MPLA"). W. Va. Code § 55-7B-1 et seq.

Senate Bill 55 - Admissibility of Evidence for the Use or Nonuse of Safety Belt in a Civil Action

Senate Bill 55, introduced on February 8, 2017 and referred to the Senate Judiciary Committee. Senate Bill 55 seeks to amend and reenact §17C-15-49 of the West Virginia Code relating to the use, misuse or nonuse of a safety belt as admissible evidence in a civil action for damages.

HB 2345, SB195, SB196 and SB 254 Put Licensing Boards on the Chopping Block

Several Bills have been introduced that would eliminate certain healthcare licensing boards. They are: House Bill 2345, eliminating the State Board of Examiners for Licensed Professional Nurses; Senate Bill 195, eliminating the Medical Imaging and Radiation Therapy Board; Senate Bill 196, eliminating the Massage Therapy Licensing Board; and Senate Bill 254, eliminating the Nursing Home Administrators Board.

Senate Bill 287 - More Proposed Legislation to Address Medical Monitoring Claims

On February 14, 2017, State Senators Blair and Azinger introduced Senate Bill 287 to create a new Code section dealing with Medical Monitoring. It is similar to another Bill, introduced by Senators Trump and Weld that I previously discussed here, SB 236.

House Bill 2145/Senate Bill 47 - Permitting Employers to Discriminate Against Tobacco Users

Since 1992, West Virginia has prohibited employers, public and private, from discriminating against any job applicant or employee in the "compensation, terms, conditions and privileges of employment" based on that individual's use of "tobacco products off the premises of the employer during nonworking hours."
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