The Labor and Employment Practice Group assists employers with every aspect of the employer-employee relationship with an emphasis on preventative measures.  Our work encompasses all matters, from hiring to discharge, and includes aggressive representation in courts and administrative agencies when litigation matters relating to employees arise. 

We offer experienced representation not only for the human resources departments of large organizations but also for small and medium-sized businesses without extensive in-house human resources expertise.  We advise large and small employers in a wide variety of industries including manufacturing, health care, banking, print and television media, gaming, financial services, professional services and associations and retail sales.  We also frequently represent municipalities, counties, state agencies, colleges and universities and boards of education in the public sector. 

Counseling for the Success of Our Clients

We work closely with our clients to assist them in the administrative matters relating to employees that the legal climate has made increasingly challenging.  For example, we often prepare and evaluate employee handbooks as well as individual employment contracts for all levels of employees.  We have developed a vast array of standardized forms, which are updated as the law evolves.  These can be individualized for our clients on request, and include:

• Arbitration agreements

• Employment applications

• Employee  manuals

• Employee evaluation forms

• Job descriptions

• Alcohol and drug abuse policies and programs

• Wage assignments

• Confidentiality statements

• Noncompetition agreements

• Internet and e-mail policies

• Reasonable accommodation procedures

• FMLA policies

• Unlawful harassment policies

• Disciplinary policies

• Leave policies

We regularly advise clients on matters arising under statutes including the following:

• Americans with Disabilities Act (ADA)

• Family and Medical Leave Act of 1993 (FMLA)

• Age Discrimination in Employment Act (ADEA)

• Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA)

• Employee Retirement Income Security Act of 1974 (ERISA)

• Fair Labor Standards Act, and Davis-Bacon Act (federal wage hour law)

• Mine Safety and Health Act (MSHA)

• National Labor Relations Act (NLRA) and the Labor Management Relations Act (LMRA)

• Occupational Safety & Health Act (OSHA)

• Rehabilitation Act of 1974

• Title VII (of the Civil Rights Act of 1964)

• Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)

• State statutes covering wage and hour issues, civil or human rights, unemployment compensation benefits and other employment matters

Litigation

We represent clients in hearings, trials, and appeals in both state and federal courts, and before several federal and state administrative agencies including: the National Labor Relations Board (NLRB), the West Virginia Division of Employment Security, the West Virginia Human Rights Commission, the Equal Employment Opportunity Commission (EEOC), the Occupational Health and Safety Commission (OSHA), the Federal Mine Safety and Health Administration (MSHA), the United States Department of Labor, the West Virginia Division of Labor and the Office of Federal Contract Compliance Program (OFCCP).

In these forums, we routinely handle West Virginia unemployment compensation hearings and appeals; wrongful discharge cases alleging violations of implied contracts of employment, violations of public policy, violation of  the workers' compensation anti-discrimination statute, defamation, the tort of outrageous conduct, and all forms of alleged discriminatory conduct; and state and federal discrimination or harassment claims relating to age, race, religion, ancestry, color, national origin, familial status, sex, veterans' status and mental or physical disability.  We frequently coordinate responses to administrative investigations including the preparation of position statements in order to minimize the possibility of additional investigation and/or litigation.  We also have extensive experience with arbitrations and mediation.

Our lawyers and the firm's investigator are often asked to participate in the initial investigation and representation of clients charged with violations of the federal OSHA and MSHA statutes, especially where an employee injury or fatality is involved. These cases often later develop into suits brought by the employee's estate, and we can help to insure that the client's defenses are protected in defending the administrative case so that there is no adverse impact in the later case.

Alternative Dispute Resolution (Including Mediation)

Both administrative agencies and courts have placed a great emphasis on alternative dispute resolution in recent years.  We offer extensive experience in representing our clients in mediations and arbitrations.  Our attorneys are also called upon to serve as mediators for disputes relating to employment law.

Human Resources Audits

We assist many of our clients by performing an assessment of compliance with applicable labor and employment laws.  These reviews, which we often refer to as human resources audits, can be as broad or limited in scope as our clients desire and can be performed on a regular or one-time basis.  We are frequently called upon to review personnel files, employee handbooks, employment contracts, payroll procedures, exempt employee classifications, paid and unpaid leave policies and procedures and internal complaint and grievance procedures.

Training and Seminars

In all of the areas listed above, we also assist our clients with compliance by conducting in-house seminars ranging from human resources training to company-wide discrimination and harassment classes designed to improve or maintain an appropriate workplace atmosphere and avoid liability.  While any training or seminar can be custom-designed for the needs of our clients, we have in the past offered training and seminars on the following topics:

• Introduction to employment law

• Wage and hour compliance

• Unlawful harassment

• FMLA

• Dealing with injured and disabled employees

• Employee privacy rights

• Alcohol and drug testing

• Business transactions

• Noncompetition and confidentiality agreements

• Responsible electronic communications

Business Transactions

In transactions involving the purchase and/or sale of business entities, we often assist in the drafting and review of buy/sell agreements and other related documents as they affect the employment relationships of the entities' employees or the requirements of any collective bargaining agreements. We can assess and help to address issues arising under the Worker Adjustment and Retraining Notification Act (WARN), unemployment compensation and ERISA pensions and benefits issues.

Labor Unions

Our extensive experience in labor union campaigns and elections as well as collective bargaining enables us to assist employers whose workers are represented by labor unions as well as those employers who are striving to remain union free.  We have represented clients in matters related to union organizing attempts and unfair labor practice charges brought before the NLRB, and also assisted in the preparation and presentation of an employer's campaign prior to a union election vote.  We frequently assist our clients who have organized workforces with negotiation of their union contracts.  Moreover, we often are engaged to present labor arbitrations on behalf of management.

Public Sector Employment

Public sector employment issues involve constitutional due process as well as protected liberty and property interests in addition to the full range of legal restrictions applicable to private industry employment.  We are experienced in disciplinary investigations, civil service representation, Freedom of Information Act issues and Open Government Proceedings Act issues, as well as in preparing ordinances, regulations, operational policies and procedures.  We also can offer assistance in responding to complaints made by citizens against public officers.

Employment-Related Legislation

We are experienced in drafting employment-related legislation and advise clients with specialized interests on legislation and other matters related tothe legislative process.  In addition, members of our group have testified before state legislative committees on various employment issues.