Many hospitals address staffing shortages (nurses and physicians) through staffing agencies. In an attempt to provide certainty regarding staffing agency nurse liability, standard staffing contracts provide that the nurses and/or physicians (locum tenens) are employees of the staffing agency and not the hospital. The staffing agency agrees that the nurses or physicians provided shall abide by the hospital's policies and bylaws. The hospital determines the work schedules and provides all necessary equipment and supplies. The hospital and staffing agency also agree to purchase professional liability insurance and agree to terms of indemnification for the acts or omissions of their respective employees. All's well and good in the hospital professional liability shifting arrangement, right? Not necessarily.

When you need someone to handle a financial or legal matter for you, you don't have to give that person full authority or access to your information. Instead, if you live in West Virginia (WV), use a WV power of attorney form that is tailored to the situation. This allows you to get the job done without unnecessarily placing yourself or your assets at risk.

This blog focuses on specific power of attorney forms. It is the third 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 second focuses on using online power of attorney forms.

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.

Notably, the people who expressed a low opinion of anonymous complaints during the presentation are both successful, male professionals. I suspect they pride themselves on their courage and that they decorate with antlers rather than with art. Courage is an admirable quality, but it is foolish to base a compliance program on people's willingness to risk their necks. By and large, people are very fond of their necks.

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.

A drive through Charleston, West Virginia (WV) reveals the investments that are being made to grow business and enhance the local community. Savvy developers and investors who seek to capitalize on and lend to the city's progress now have an additional incentive in the form of tax benefits when efforts are focused in designated Charleston, WV Opportunity Zones.

This article is the third in a series of four on the topic of Opportunity Zones in WV. An overview of Opportunity Zone basics was provided in the first blog of the series, while article two focused on development opportunities in Huntington, WV.