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Labor and Employment Archives

Speakers on WV Law Available to Present about Employment Issues after a Workplace Injury

On September 12, 2017, a group of three Jenkins Fenstermaker attorneys had the honor of presenting to the West Virginia Rural Water Association (WVRWA) at their 32nd Annual Training and Technical Conference in Charleston, West Virginia (WV). Their presentation was entitled, "Accidents Will Happen: Employment Issues After a Workplace Injury."

West Virginia's new drug testing law takes effect on Friday

Starting this Friday, West Virginia employers will have much more leeway to test their employees for illegal drugs- but only if they also institute new procedural safeguards. That is because this Friday, July 7th, marks the effective date for the West Virginia Safer Workplace Act.

It's Your Choice: Pay Attention to Anonymous Complaints Now or Pay Your Defense Attorney Later

Should your company pay any attention to anonymous complaints? I recently heard two people say that anonymous complaints are not worth the paper they are written on. These 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 is a channel for employees to anonymously report harassment.


Starting on January 22nd, employers were required to start using a new I-9 form. This is the form that employers must complete in order to verify the identity and work eligibility of employees. Employers who fail to use the new form "may be subject to all applicable penalties," according to the U.S. Immigration and Customs Enforcement agency ("ICE").

The new overtime rule may never take effect - but don't relax just yet

Will the U.S. Court of Appeals for the Fifth Circuit allow the new overtime rule to go into effect? If it does, how long will it take for President-elect Trump and the Republican-led Congress to stop the rule? And what should employers do in the meantime?

The new overtime rule? Never mind!

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."

Lawsuit filed against new minimum wage for white-collar workers

Do you recall that on December 1st the minimum salary for exempt employees is going to double? The current minimum is $23,660. As of December 1st, you must pay at least $47,476 to your exempt employees. If you cannot afford to do that, you will need to convert those workers into hourly employees, track their hours, and pay overtime when required.

OSHA says mandatory post-accident drug tests may violate the law

Do you routinely test employees for illegal drugs and alcohol when they are involved in a workplace accident? If so, you may incur the wrath of both the U.S. Occupational Safety and Health Administration ("OSHA") and the West Virginia Supreme Court.

Do You Want to Avoid the Bus Stop Crowd? Six Questions You Should Ask Before Arbitration.

"See those people over there?" the successful lawyer asked her client. She was pointing to a bus stop located across from her office. The client looked out of the third story window and down at a half-dozen individuals waiting for a bus. The view did not inspire trust: Several had just left the nearby Day Report Center and the others would likely be visiting sometime soon. The lawyer continued: "Who from that group would you trust with your most important decisions? Who would you trust to purchase your next house? To pick out a school for your children? To manage your retirement portfolio?"

Give proper notice before changing employees' pay

You already know that the minimum salary for exempt employees is set to sharply increase on December 1st, 2016. Did you also remember that by mid-November you may need to give written notice to employees affected by this change?

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