Littler Mendelson, P.C. • April 02, 2018
On March 21, 2018, West Virginia Governor Jim Justice signed into law House Bill 4187, referred to as the Business Liability Protection Act, which limits an employer’s ability to prohibit the lawful possession of firearms locked in vehicles parked in company parking lots. Previously, employers and other property owners in West Virginia had the ability to prohibit the carrying or concealing of firearms on any property “under his or her domain,” including parking areas. HB 4187 amends the prior law to create an exception for employer parking lots.
Jackson Lewis P.C. • October 03, 2017
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.
Ogletree Deakins • June 04, 2017
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.
Jackson Lewis P.C. • May 14, 2017
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.
Jackson Lewis P.C. • May 01, 2017
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.
Jackson Lewis P.C. • March 06, 2017
The highest court in West Virginia recently affirmed the dismissal of a lawsuit in which an employee challenged the decision to terminate her employment after she refused to submit to a reasonable suspicion drug test. Layne v. Kanawha County Board of Education, No. 16-0407 (W.VA. Feb. 17, 2017). The case highlights the right way to conduct reasonable suspicion testing, and illustrates the usefulness of such testing to employers.
Jackson Lewis P.C. • December 22, 2016
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.
Ogletree Deakins • August 05, 2015
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.
Littler Mendelson, P.C. • July 22, 2015
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.
Littler Mendelson, P.C. • June 10, 2015
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.