By Nathanial Kuratomi of Jenkins Fenstermaker, PLLC posted in Labor and Employment on Friday, May 10, 2019.
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.
By the attorneys of Jenkins Fenstermaker, PLLC posted in Labor and Employment on Wednesday, September 20, 2017.
The West Virginia Supreme Court has cleared the way for the state's right to work law to finally go into effect. This law, called the West Virginia Workplace Freedom Act, prevents employers from entering into agreements with unions that require employees to either join a union or pay a service fee to the union. The law was enacted early in 2016, right after the Republican party took control of the state's legislature. On September 15, 2017, the state's high court struck down a preliminary injunction that had prevented the enforcement of the Act, thereby paving the way for the West Virginia right to work law to go into effect.