F: (304) 267-3822
J.D., West Virginia University College of Law (1998)
- Associate Editor for Student Works, The West Virginia Law Review, Vol. 100
- Editor-in-Chief, West Virginia Journal of Law and Technology
B.A., summa cum laude, West Virginia University (1995)
- Mountain Honorary
- Phi Beta Kappa
- Supreme Court of Appeals of West Virginia
- Supreme Court of Virginia
- U.S. District Courts for the Northern and Southern Districts of West Virginia
- U.S. Court of Appeals for the Fourth Circuit
Brian Peterson practices in the areas of employment law, civil rights defense and state and local government defense.
Brian has been recognized for his work in the field of labor and employment law by Chambers USA and Super Lawyers.
Brian counsels and advises clients in wage and hour matters, workplace harassment investigations, development of handbooks and policy manuals, hiring and discharge of employees, drafting and litigation of employment contracts including restrictive covenants, wrongful discharge claims, workers’ compensation matters, compliance with state and federal employment laws and unemployment benefits claims.
He defends employers against claims under the Family and Medical Leave Act (FMLA), Age Discrimination In Employment Act (ADEA), Americans with Disabilities Act (ADA), Fair Labor Standards Act (FLSA), the West Virginia Wage Payment and Collection Act, Title VII of the Civil Rights Act of 1964, and the West Virginia Human Rights Act, including claims of discrimination, harassment and retaliation.
Some of Brian’s recent court victories for employers include Lehman v. United Bank, 719 S.E.2d 370 (W.Va. 2011) (holding that employees terminated as a result of a bank merger were laid off and not discharged under the West Virginia Wage Payment and Collection Act) and Desmond v. PNGI Charles Town Gaming, LLC d/b/a Charles Town Races & Slots, 630 F.3d 351, 160 Lab.Cas. ¶ 35,861, 17 Wage & Hour Cas.2d (BNA) 104 (4th Cir. 2011) (approving the use of the half-time method for calculating back overtime due in a mistaken exemption case under the Fair Labor Standards Act).
- Practice Group Leader, Bowles Rice Litigation Department
- Chair, Bowles Rice Technology Department
- May 31, 2016
- April 27, 2016
- Bowles Rice Lawyers Among Presenters at HR ConferenceOctober 2015
- May 20, 2015
Presentations & Events
- Presentation: The U.S. Department of Labor's New Wage and Hour RulesCharleston, West Virginia, April 19, 2016
- Presentation: Diversity and Sexual Harassment TrainingHoliday Inn, March 2016
- Presentation: Update on West Virginia LawValley Health Systems, February 4, 2016
- Presentation: West Virginia Employment Law Update, by Brian M. PetersonWest Virginia Bankers Association Seminar, Charleston, West Virginia, October 28, 2015
- West Virginia Chamber of Commerce’s Annual HR ConferenceCharleston Marriott Town Center, Charleston, West Virginia, October 12-13, 2015
- Brian Peterson among the presenters at ResourceU, a free training session for small business owners.Martinsburg, West Virginia, April 15, 2015
- Brian frequently presents on technology-related topics, such as e-discovery and electronic records management, as well as on employment-related topics such as wage and hour law and lawsuit prevention for employers.
Articles & Alerts
- How to Prepare for the Changing Overtime RulesWest Virginia Chamber of Commerce HR Journal, April 19, 2016
- “State Minimum Wage Changes May Not be “MINIMAL” to Your Business,” by Brian PetersonWV Chamber HR Journal, Summer 2015
- Bowles Rice Labor and Employment Alert, Summer 2015
- Labor and Employment Legislative Summary, March 16, 2015
- West Virginia Banker Magazine, Fall 2014
- Bowles Rice Electronic Discovery Alert, June 12, 2014
- Employment Law Alert, May 21, 2014
- Employment Law Alert, March 19, 2014
Views & Visions
- Privacy and Security - The New FrontierSummer 2015
- Litigation in the 21st CenturyFall 2008
- Creating Tomorrow's WorkforceSpring 2013
- American Bar Association (Labor and Employment Section)
- Eastern Panhandle Bar Association
- Eastern Panhandle Society of Human Resources Managers
- Defense Trial Counsel of West Virginia