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Total Articles: 10

West Virginia Court Unblocks Right to Work Law

West Virginia’s right to work law will be enforceable beginning October 15, 2017. The West Virginia Supreme Court of Appeals, the state’s highest court, has dismissed a lower court’s preliminary injunction blocking implementation of the legislation.

West Virginia’s New Drug & Alcohol Law: What You Need to Know for Your Testing Programs

West Virginia employers that may have hesitated in the past to implement and enforce robust drug and alcohol testing policies may now do so without fear of running afoul of prior state court decisions limiting employers’ flexibility to test thanks to the newly enacted West Virginia Safer Workplace Act. , Through the act, which will go into effect on July 7, 2017, the state legislature has trimmed expansive privacy rights and cleared the way for certain employer actions relating to drug and alcohol testing.

West Virginia Enacts Law Permitting Broad Employment-Related Drug And Alcohol Testing

Workplace drug and alcohol testing in West Virginia traditionally has been scrutinized by the courts and has been available to employers in limited circumstances. That will change dramatically this summer when the state’s new drug and alcohol testing law, the West Virginia Safer Workplace Act, takes effect. Passed by the state legislature on April 8, 2017 and signed by the Governor on April 26, 2017, the Safer Workplace Act will significantly broaden the circumstances under which employers may conduct workplace drug and alcohol testing. The law takes effect on July 7, 2017.

West Virginia Is 29th State to Legalize Medical Marijuana Use

West Virginia has become the 29th state to permit medical marijuana use after Governor Jim Justice signed the West Virginia Medical Cannabis Act, which recognizes marijuana as a treatment for patients with terminal illnesses and other specified serious health conditions. Recreational marijuana use remains illegal in West Virginia.

West Virginia Enacts Medical Marijuana Law

West Virginia Governor Jim Justice signed legislation that legalizes the use of marijuana for medicinal uses on April 19, 2017. The new law, Senate Bill 386, known as “The West Virginia Medical Cannabis Act,” permits patients suffering from serious medical conditions including cancer, ALS, HIV/AIDS, multiple sclerosis, Parkinson’s disease, epilepsy, neuropathies, Huntington’s disease, Crohn’s disease, post-traumatic stress disorder, intractable seizures, sickle cell anemia, severe chronic or intractable pain, or certain spinal cord damage to use marijuana for medicinal use.

Wheeling, West Virginia, Ordinance Protects LGBTQ Residents

Wheeling has become West Virginia’s eleventh city to pass a sexual orientation and gender identity anti-discrimination ordinance protecting the housing and employment rights of LGBTQ residents. The ordinance also protects residents who are veterans.

West Virginia Joins Ranks of Right-to-Work States

On July 1, West Virginia will become the nation's 26th right-to-work state.

West Virginia Amends State Rule Verifying Legal Employment Status of Workers

On July 1, 2015, a new legislative rule amending the procedures required for West Virginia employers to verify the legal employment status of their workers went into effect in West Virginia. Pursuant to section 21-1B-4 of the West Virginia Code, all employers are required to keep “records of proof of the legal status or authorization to work of all employees.” However, the state of West Virginia has now amended this rule in a number of ways that may conflict with federal Form I-9 employment eligibility verification requirements.

West Virginia's Amended Deliberate Intent Statute

For a number of years, W. Va. Code § 23-4-2 (commonly known as the deliberate intent statute) has provided employees with work-related injuries an avenue to circumvent the workers' compensation immunity afforded to West Virginia employers. In part, the statute provides that the traditional immunity from suit for an employee's work-related injury "may be lost only if the employer or person against whom liability is asserted acted with 'deliberate intention,'" which requires proof of certain specific facts.

West Virginia Employment Update: The Mountain State is Becoming Much More Attractive to Employers

For the past several decades, West Virginia has not fared particularly well when employers were faced with tough decisions regarding whether to close or open new facilities in the state. One of the factors that undoubtedly played a role in West Virginia faring so poorly was the state's legal climate. West Virginia employers faced a much higher litigation risk than employers in neighboring and other states.
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