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WV Right to Work Law Debate Ongoing

By Nathanial A Kuratomi of Jenkins Fenstermaker, PLLC on 05/10/2019

The Supreme Court of Appeals of West Virginia (WV) has granted a motion to stay the February 2019 ruling of a Kanawha County judge that found portions of the WV right to work law unconstitutional. The court's order did not include an opinion on the matter but extends the stay indefinitely. Therefore, WV remains a right to work state pending further proceedings.


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What Are the Pros and Cons of Transfer on Death Deeds?

By Anna Melissa Price of Jenkins Fenstermaker, PLLC on 08/23/2018

It is important to consider the pros and cons of transfer on death deeds while estate planning in West Virginia. Transfer on death ("TOD") deeds became legal in West Virginia in 2014 with the passage of the Uniform Real Property Transfer on Death Act. There are advantages and disadvantages to using this estate planning tool.


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Gun Trust FAQs: Answered by an Experienced WV Gun Trust Lawyer

By Anna Melissa Price of Jenkins Fenstermaker, PLLC on 05/21/2018

The Second Amendment of the United States Constitution grants us the right to bear arms. It states as follows: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." A WV gun trust lawyer can help you exercise this right for yourself and your heirs.


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How to Handle Anonymous Complaints: Pay Attention Now or Pay Your Attorney Later

By of Jenkins Fenstermaker, PLLC on 04/26/2018

Should your company pay any attention to anonymous complaints? I have heard several people say that anonymous complaints are not worth the paper they are written on. The last time I heard such comments came during a presentation I gave on employee handbooks. I was outlining the elements of a good handbook policy on sexual harassment. One element I advocated is a channel for employees to anonymously report sexual harassment as well as any other complaints.

Notably, the people who expressed a low opinion of anonymous complaints during the presentation are both successful, male professionals. I suspect they pride themselves on their courage and that they decorate with antlers rather than with art. Courage is an admirable quality, but it is foolish to base a compliance program on people's willingness to risk their necks. By and large, people are very fond of their necks.


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Will a Specific WV Power of Attorney Form Work for You?

By Anna Melissa Price of Jenkins Fenstermaker, PLLC on 04/01/2018

When you need someone to handle a financial or legal matter for you, you don't have to give that person full authority or access to your information. Instead, if you live in West Virginia (WV), use a WV power of attorney form that is tailored to the situation. This allows you to get the job done without unnecessarily placing yourself or your assets at risk.

This blog focuses on specific power of attorney forms. It is the third in a series designed to help people think through issues that often arise when considering powers of attorney. The first provides an overview of WV power of attorney laws, and the second focuses on using online power of attorney forms.


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Staffing Agency Nurse Liability: What You Need to Know

By Charlotte Ann Hoffman Norris of Jenkins Fenstermaker, PLLC on 03/13/2018

Many hospitals address staffing shortages (nurses and physicians) through staffing agencies. In an attempt to provide certainty regarding staffing agency nurse liability, standard staffing contracts provide that the nurses and/or physicians (locum tenens) are employees of the staffing agency and not the hospital. The staffing agency agrees that the nurses or physicians provided shall abide by the hospital's policies and bylaws. The hospital determines the work schedules and provides all necessary equipment and supplies. The hospital and staffing agency also agree to purchase professional liability insurance and agree to terms of indemnification for the acts or omissions of their respective employees. All's well and good in the hospital professional liability shifting arrangement, right? Not necessarily.


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Workplace Drug Testing in WV under the WV Safer Workplaces Act

By of Jenkins Fenstermaker, PLLC on 03/05/2018

2017 Act Allows Broader Workplace Drug Testing in WV

As of July 7, 2017, employers have much more leeway to conduct workplace drug testing in WV for illegal drugs--but only if employers also institute new procedural safeguards. That is because on April 8, 2017 the House of Delegates passed the West Virginia Safer Workplaces Act.


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Nurse Practitioner Independent Practice in WV OK for Some APRNS

By Rachel Perdue Turner of Jenkins Fenstermaker, PLLC on 11/30/2017

If you want to learn about West Virginia's nurse practitioner independent practice law, you're in the right place. In 2016, WV joined 21 other states by broadening the legal scope of practice for nurse practitioners, also known as advanced practice registered nurses (APRNs). This opens the door for a qualified APRN to start his or her own independent practice. This blog will discuss applicable law for starting a nurse practitioner independent practice in WV.


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How to Handle Employee Theft, aka You Caught the Thief-Now What?

By of Jenkins Fenstermaker, PLLC on 11/26/2017

Unfortunately, thieves do not wear distinct uniforms. Instead, they look just like your office manager, your IT specialist and you. For an employer, catching a workplace thief is only the first half of the battle. If you are wondering how to handle employee theft after the thief is caught, read on.


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Understanding West Virginia Intestate Laws

By Anna Melissa Price of Jenkins Fenstermaker, PLLC on 11/13/2017

When a West Virginian dies, the deceased's property is transferred to his or her heirs through a legal process referred to as probate. After the debts of the estate are paid, the property is devised to heirs in one of two ways: (1) if the person had a Last Will and Testament (a "will"), this means the person died "testate," and the property is transferred according to the will; or (2) if the person died without a will, the decedent is said to have died "intestate." West Virginia intestate laws then control the allocation of the decedent's property. This blog will discuss what happens to property when a person dies without a will.


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A Short Guide to West Virginia Inheritance Tax

By Anna Melissa Price of Jenkins Fenstermaker, PLLC on 10/05/2017

An inheritance tax is one method states use to tax the transfer of wealth. Not to be confused with an estate tax, which is payable from the estate of the deceased, an inheritance tax is paid by a person who inherits from the deceased. For anyone who has received or is anticipating an inheritance, following is a short guide to West Virginia inheritance tax.