Martinsburg, WV
101 S. Queen Street
Martinsburg, WV 25401
Winchester, VA
480 West Jubal Early Drive
Suite 130
Winchester, VA 22601
T: (304) 264-4223
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
Photo of Brian M.  Peterson

Brian M. Peterson

Partner

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).

Professional Highlights

  • Practice Group Leader, Bowles Rice Litigation Department
  • Chair, Bowles Rice Technology Department
  • Recognized by 2016 edition of Chambers USA: America’s Leading Lawyers for Business among “Leaders in their Field” for Labor and Employment Law
  • Recognized as a “Rising Star for Employment Litigation: Defense” by West Virginia Super Lawyers (Employment Law and Litigation), 2013, 2016
  • American Bar Association (Labor and Employment Section)
  • Eastern Panhandle Bar Association
  • Eastern Panhandle Society of Human Resources Managers
  • Defense Trial Counsel of West Virginia