Practice Contacts
Team
Labor and Employment
Our team of attorneys is experienced in every aspect of labor and employment law – advice and counseling; litigation; administrative proceedings; benefit plan design, training and compliance; investigations; audits; and more. The employers we represent span a variety of industries – manufacturing; health care; higher education; banking and financial services; energy and natural resources; food services; transportation; retail; information technology; construction; government contractors; hospitality and entertainment; state and local government entities; and non-profits, to name a few. Our clients range from small start-ups to Fortune 500 companies.
What Sets Us Apart?
We are a Nationally Recognized Go-To Firm
Bowles Rice’s Labor and Employment Practice Group has been nationally recognized by U.S. News & World Report's Best Law Firms and Chambers USA, and also as a “Go-To Law Firm for the Top 500 Companies” by American Lawyer Media in Fortune magazine.
We are Practical, Solution-Oriented, Problem Solvers
We know that when you come to us with a question, you want an answer or options, not a law review article or a treatise. Our attorneys offer practical, no-nonsense advice and creative solutions.
We are Your Business Partners
Although a few aspects of employment law are black and white, there are many “gray” areas in which formulating the “right” answer is more of an art than a science. We devote significant time to getting to know our clients and their business, industry, people, products or services, goals, risk appetite, culture, and people management philosophy, so we can identify the right solution for your unique workplace. We are committed serving you as a trusted business advisor and as a reliable extension of your leadership team. Your success is our success.
We are Committed to Providing Affordable Value
We know that employers desire efficiency and effectiveness. We are committed to offering the highest quality legal services at competitive, affordable rates.
We are Responsive, Approachable, and Available
Members of our team know that when labor and employment issues arise, often times they are time-sensitive and require urgent attention. We aim to offer highly-responsive, unparalleled service.
We are Counselors, Advisors, Litigators, Negotiators, and Advocates
Members of our team are not siloed into narrow, niché subsections of labor and employment law. Our attorneys are well-rounded, and we constantly keep our finger on the pulse for new developments and trends in the law.
WE ARE THE BOWLES RICE LABOR AND EMPLOYMENT TEAM
Representative Experience
Strategic Advice and Counseling
From our perspective, Benjamin Franklin’s well-known quote – “an ounce of prevention is worth a pound of cure” – is highly applicable to the labor and employment context. Employment cases can be rather expensive to litigate given the highly fact-intensive nature of many disputes, the wide range of damages that are available to employees under various employment statutes, and the fact that many laws provide for fee-shifting. Therefore, we work closely with employers to provide advice and counseling to help them mitigate risk and avoid unnecessary, disruptive litigation.
Our team is equipped to advise employers on the “alphabet soup” of federal, state, and local workplace laws affecting employee rights, benefits, and workplace safety, including:
- Title VII of the Civil Rights Act (Title VII)
- Americans with Disabilities Act (ADA)
- Age Discrimination in Employment Act (ADEA)
- Family and Medical Leave Act (FMLA)
- Families First Coronavirus Response Act (FFCRA)
- Fair Labor Standards Act (FLSA)
- Occupational Safety and Health Act (OSHA)
- Immigration Reform and Control Act (IRCA)
- Employee Retirement Income Security Act (ERISA)
- Fair Credit Reporting Act (FCRA)
- Worker Adjustment and Retraining Notification Act (WARN)
- Equal Pay Act (EPA)
- Uniformed Services Employment and Reemployment Rights Act (USERRA)
- State and local EEO laws
- State wage payment and collection laws
- Workers’ compensation laws
- Whistleblower statutes
We have experience offering advice on a variety of workplace issues, ranging from routine to complex, including:
- Discrimination and harassment
- Hiring, discipline, and discharge
- Wage and hour compliance
- Managing medical leaves of absences
- Addressing accommodation requests
- Investigating employee misconduct
- Compliance with wage payment laws
- Drug and alcohol testing
- Workplace health and safety
- Medical cannabis/marijuana
- COVID-19
- Layoffs, furloughs, and reductions-in-force
- WARN Act requirements
- Restrictive covenants and trade secrets
- Employee privacy
Additionally, we are equipped to:
- Draft and negotiate employment agreements, including contracts with complex executive compensation issues and restrictive covenants;
- Draft and revise personnel handbooks, policies, and procedures; and
- Draft and negotiate separation and severance agreements.
Employment Litigation
Sometimes litigation is simply unavoidable. When our clients are sued or desire to offensively commence litigation to protect their rights, our well-rounded team members easily transform from able advisors to zealous litigators. We routinely defend employers in state & federal courts, grievances & arbitrations, and administrative proceedings against single-plaintiff and class/collective action claims, including:
- Race, age, sex, religious, national origin, disability, and other prohibited discrimination
- Sexual and other harassment
- Wrongful discharge
- Whistleblower and retaliation claims
- Disability-related claims for failure-to-accommodate
- ERISA and employee benefits
- Wage & hour claims
- FMLA interference & retaliation
- Invasion of privacy
- Negligent hiring, retention, and supervision
- Pay equity litigation
- Enforcement of restrictive covenants
- Wage payment and collection claims
- Workers’ compensation discrimination
Additionally, in the administrative setting, we handle:
- Unemployment compensation claims;
- Grievances by public employees;
- Workers’ compensation claims; and
- Discrimination charges and complaints before the EEOC and state EEO agencies, such as the West Virginia Human Rights Commission and the Pennsylvania Human Relations Commission.
Our team has experience handing claims for employers who have Employment Practices Liability Insurance (EPLI). Members of our team also have experience serving as EPLI panel counsel.
Workplace Investigations & Audits
Our team is equipped to skillfully and discreetly handle investigations of employee misconduct, such as harassment, leave abuse, and theft. Additionally, we offer behind-the-scenes guidance and advice for HR-led investigations.
For employers who wish to have their processes, practices, and procedures audited in order to proactively identify vulnerabilities, gaps, and blind spots, we offer a variety of audit programs for these HR functions:
- Hiring process
- I-9 compliance
- Wage & hour pay practices
- Pay equity audits
- FMLA leave administration process
- Personnel file maintenance
- Medical inquiries and examinations
- Interactive process for disability accommodations
- Harassment reporting & investigation process
- Drug & alcohol testing protocol
- Disciplinary documentation
- Performance management
Training
This oft-quoted saying describes our approach to training clients on employment laws: Give a man a fish and you feed him for a day; teach a man to fish and you feed him for a lifetime. Along with counseling and advice, regular training is critical to managing risk and ensuring compliance. We are experienced in providing customized training solutions for the following audiences:
- HR Professionals
- C-suite and Senior Leadership
- Supervisors and Managers
- Workforce-at-Large
Some examples of the topics covered in our training programs include:
- Best practices for human resources
- Sexual harassment
- Managing medical leaves of absences
- The interplay between the Family and Medical Leave Act, Americans with Disabilities Act and Workers’ Compensation Act
- Addressing accommodation requests
- Investigating employee misconduct
- Employee discipline and discharge
- Wage and hour law compliance
- Alcohol and drug testing
News
- Benchmark Litigation, March 24, 2022
- December 10, 2021
- May 6, 2021
- January 8, 2020
- June 3, 2019
- April 17, 2019
- November 18, 2013
- July 9, 2012
Presentations & Events
- Presentation: Dyslexia and the Truth About Accommodations by Jennifer B. HagedornThe Coterie, Findlay, Ohio, March 4, 2024
- Presentation: The New Frontier: Use of Artificial Intelligence in Employment by Julie A. MooreThe Trial Network – Corporate Litigation: Never Face the Music AloneTerranea Resort, Rancho Palos Verdes, California, November 2022
- Presentation: COVID-19 Unmasked! Discussion of Challenges Facing Employers in Return to Work by Jennifer B. Hagedorn and April Morgan HincyWest Virginia Medical Group Management Association | 2022 Spring ConferenceWebinar, May 19, 2022
- Presentation: COVID-19 Unmasked! Discussion of Challenges Facing Employers in Return to Work by Jennifer B. Hagedorn and Lindsay M. GainerWest Virginia Association of Orthopaedic Executives | 2022 Spring Break MeetingStonewall Resort, Roanoke, West Virginia, April 30, 2022
- Presentation: Federal Vaccine Mandates and What to Expect for Your Business by Jennifer B. Hagedorn and Lindsay M. GainerWest Virginia Hospitality & Travel AssociationWebinar, December 14, 2021
- Panelist: COVID-19 in the Workplace from A to ZPittsburgh Human Resource AssociationZoom Fireside Chat, December 1, 2021
- Presentation: COVID-19 Employment Law Update by J. Tyler Mayhew and Lindsay M. GainerNorth Central West Virginia Society for Human Resource ManagementWebinar, September 8, 2021
- Presentation: 2020-2021 Legislative Update for the HR Professional by J. Tyler MayhewEastern Panhandle Society for Human Resource ManagementWebinar, September 8, 2021
- Presentation: COVID-19 Vaccines and Other Pandemic Issues for Your Employees and Business by J. Tyler MayhewWest Virginia Hospitality & Travel AssociationWebinar, May 12, 2021
- Presentation: Protecting Your Assets – How Employee Non-Competition, Non-Solicitation and Non-Disclosure Agreements Can Protect Your Business by Pamela J. FerrellNorth Central West Virginia Society for Human Resource ManagementWebinar, March 10, 2021
- Presentation: COVID-19 Unmasked! – Revealing the Challenges Facing Area Businesses by Pamela Ferrell and Brock MalcolmChamber of Commerce of the Mid-Ohio ValleyWebinar, December 3, 2020
- Presentation: Conducting Effective Workplace Investigations by Brock MalcolmNorth Central West Virginia Society for Human Resource ManagementWebinar, November 12, 2020
- Presentation: COVID-19 Unmasked! – Revealing the Challenges Facing HR Professionals by Pamela Ferrell and Brock MalcolmWest Virginia Chamber of Commerce / 2020 HR ConferenceWebinar, October 27, 2020
- Presentation: Corona: Not Just An Adult Beverage Anymore... by Julie A. MooreWebinar, October 14, 2020
- Presentation: Putting Your Team Back to Work – New Rules, Regulations and Requirements for Employers in the COVID-19 Era by Jennifer B. Hagedorn, J. Tyler Mahew and Julie A. MooreJefferson County Chamber of CommerceWebinar, June 4, 2020
- Presentation: Putting Your Team Back to Work – New Rules, Regulations and Requirements for Employers in the COVID-19 Era by Jennifer B. Hagedorn, J. Tyler Mahew and Julie A. MooreCommunity Bankers of West VirginiaWebinar, May 12, 2020
- Presentation: The Family and Medical Leave Act "FMLA" by Jennifer B. HagedornThe Coterie, Findlay, Ohio, March 2, 2020
- Presentation: Everything You Ever Wanted to Know About HIPAA... But Were Afraid to Ask by Brock MalcolmFamilyCare Health CentersCharleston, West Virginia, October 2, 2019
- Presentation: Drug Use in the Workplace and Drug Testing Under the WV Safer Workplace Act by Ronda L. Harvey and Pamela J. FerrellWest Virginia Healthcare Human Resources Association | 2019 ConferenceDays Inn, Flatwoods, West Virginia, September 19, 2019
- Presentation: Where to Turn: The Right Way to Handle Employee Discipline by Robert J. Kent and Pamela J. FerrellHR Timely Topics (HRRT)Presented to HR Professionals, September 17, 2019
- Presentation: Drug Abuse or Disability: Are Employees Who Take Prescription Drugs in a Protected Class? by Gabriele WohlCharleston Society for Human Resource Management (SHRM) Chapter MeetingCharleston, West Virginia, August 14, 2019
- Presentation: In the Weeds - Navigating the West Virginia Medical Cannabis Act's Impact on Employers by Pamela J. FerrellFort Boreman Meeting Room, Judge Black Annex, Parkersburg, West Virginia, July 16, 2019
- Presentation: Drug Abuse or Disability: Are Employees Who Take Prescription Drugs in a Protected Class? by Ronda L. HarveyThe Network of Trial Law FirmsHyatt Regency Tamaya Resort and Spa, Santa Ana Pueblo, New Mexico, April 27, 2019
- Presentation: What If You Don't "Like" an Employee's Social Media Content? by Ashley Hardesty Odell and Gabriele WohlWest Virginia Chamber of Commerce / 2019 HR ConferenceCharleston Marriott Town Center, Charleston, West Virginia, April 10, 2019
- Presentation: Navigating Drug & Alcohol Workplace Acts by Patrick C. TimonyThe West Virginia Design and Construction ExpoCharleston Coliseum & Convention Center, March 20, 2019
- Presentation: Drug Abuse or Disability -- Are Employees Who Take Prescription Drugs in a Protected Class? by Ronda L. HarveyThe West Virginia Design and Construction ExpoCharleston Coliseum & Convention Center, March 20, 2019
- Presentation: Implicit Bias in the Workplace, by Ashley Hardesty OdellNCWV SHRMHoliday Inn, Morgantown, West Virginia, March 13, 2019
- Presentation: Employment Law 101: What Every Business Owner Needs to Know by J. Tyler MayhewJefferson County Chamber of CommerceNovember 2018
- Presentation: #TimesUp - Dealing with Sexual Harassment in the Workplace by Ronda Harvey and Brock MalcolmWest Virginia Healthcare Human Resources AssociationDays Inn Hotel & Conference Center, Flatwoods, West Virginia, September 14, 2018
- Presentation: Active Shooter Emergency Plan by Brock MalcolmUnited Way of Harrison County, Clarksburg, West Virginia, September 12, 2018
- Presentation: 40 FLSA Tips in 40 Minutes - Helpful Tips that All HR Practicioners Should Know About the Fair Labor Standards Act by Canon B. HillCharleston Marriott Town Center, Charleston, West Virginia, April 26, 2018
- Presentation: #TimesUp - How to Handle Sexual Harassment in the Workplace by Ronda L. Harvey and Pamela J. FerrellCharleston Marriott Town Center, Charleston, West Virginia, April 26, 2018
- Presentation: “An Overview of the West Virginia Ethics Act and the Open Governmental Proceedings Act” by Pamela J. FerrellPublic Service District Board Member TrainingBridgeport, West Virginia, April 6, 2017
- Presentation: “Parliamentary Procedure and Tools for Meeting Management: A Guide to Effective Meeting” by Pamela J. FerrellPublic Service District Board Member TrainingBridgeport, West Virginia, April 6, 2017
- Presentation: Employment Law 101 by Pamela J. FerrellParkersburg, West Virginia, September 21, 2016
- Presentation: Employment Law 101 by Pamela J. FerrellRoane County Chamber of Commerce, Spencer, West Virginia, September 15, 2016
- Presentation: Employment Law 101Glenville State College, June 29, 2016
- Presentation: The U.S. Department of Labor's New Wage and Hour RulesCharleston, West Virginia, April 19, 2016
- Presentation: Update on West Virginia LawValley Health Systems, February 4, 2016
- Presentation: The Family and Medical Leave Act "FMLA" by Jennifer B. HagedornThe Health Plan, Wheeling, West Virginia, October 14, 2015
- Presentation: The Americans with Disabilities Act "ADA" by Jennifer B. HagedornThe Health Plan, Wheeling, West Virginia, October 14, 2015
Articles & Alerts
- August 21, 2024
- April 26, 2024
- April 24, 2024
- Westlaw – Practical Law, © 2024 Thomson Reuters, January 2024
- December 15, 2023
- July 7, 2023
- March 4, 2022
- Westlaw – Practical Law, © 2022 Thomson Reuters, February 2022
- January 26, 2022
- January 14, 2022
- December 19, 2021
- December 15, 2021
- November 13, 2021
- November 1, 2021
- How Employee Noncompetition, Nonsolicitation and Nondisclosure Agreements Can Be Applied in the Banking IndustryWest Virginia Banker, Spring 2021
- Labor and Employment e-Alert, March 12, 2021
- Labor and Employment e-Alert, December 23, 2020
- Labor and Employment e-Alert, December 18, 2020
- Labor and Employment e-Alert, December 16, 2020
- Labor & Employment e-Alert, December 15, 2020
- West Virginia Banker, Fall 2020
- Bowles Rice e-Alert, September 16, 2020
- June 15, 2020
- April 22, 2020
- April 13, 2020
- March 19, 2020
- March 17, 2020
- March 9, 2020
- Labor and Employment e-Alert, November 22, 2019
- Bowles Rice e-Alert, July 18, 2019
- The Community Banker, Quarter 2 | 2019
- Implicit Bias in the Workplace by Ashley Hardesty OdellWest Virginia Chamber of Commerce, 2019 HR Conference Journal, Spring 2019
- What If You Don't "Like" an Employee's Social Media Content? by Ashley Hardesty Odell and Gabriele WohlWest Virginia Chamber of Commerce, 2019 HR Conference Journal, Spring 2019
- Addiction in the Workplace: Employers’ Legal Obligations and Other Considerations When Confronting Employee Drug Habits by Ronda L. Harvey and Gabriele WohlThe Network of Trial Law FirmsLitigation Management CLE SuperCourse, Spring 2019
- Legal Considerations – Workplace Wellness Programs by Jennifer B. HagedornThe Defense Trial Counsel of West Virginia’s Notebook of Articles, Spring 2019
- Bowles Rice e-Alert, March 8, 2019
- Bowles Rice e-Alert, January 11, 2019
- May 25, 2018
- Defense Trial Counsel of West Virginia 2018 Notebook of Articles, 2018
- West Virginia Chamber Human Resources Journal, April 26, 2018
- Labor and Employment e-Alert, April 20, 2018
- West Virginia Banker, Spring 2018
- March 15, 2018
- March 12, 2018
- March 7, 2018
- March 1, 2018
- February 23, 2018
- Bowles Rice Labor and Employment e-Alert, July 27, 2017
- "Faragher and Ellerth Defense of Avoidable Consequences in Relation to the West Virginia Human Rights Act" by Pamela J. FerrellDefense Trial Counsel of West Virginia Notebook of Articles, 2017
- “Question Presented: Are Class Arbitration Waivers of Employment-Related Claims Illegal and Unenforceable Under the FAA?,” by J. Tyler MayhewDefense Trial Counsel of West Virginia Notebook of Articles, 2017.
- April 6, 2016
- Labor and Employment Legislative Summary, March 14, 2016
- Labor and Employment Legislative Summary, March 16, 2015
- Employment Law Alert, May 21, 2014
- "Desmond v. PNGI Charles Town Gaming, LLC: A Case Study in Calculating Unpaid Overtime Compensation When an Employee is Misclassified as FLSA Exempt" by Julie R. ShankDefense Trial Counsel of West Virginia Notebook of Articles, 2011
Views & Visions
- December 12, 2022