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Pullin, Fowler, Flanagan, Brown & Poe, PLLC
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What Businesses Should Be Thinking About as the COVID-19 Vaccine Mandate Approaches

Companies with 100 or more employees will soon be required to mandate that employees either get vaccinated against COVID-19 or submit to weekly testing. Although the Occupational Safety and Health Administration (OSHA) has not yet issued regulations to enforce the mandate, now is the time to begin planning for how your company may have to Read More

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New West Virginia Ban on Transgender Athletes Challenged in Court

A new law restricting transgender athletes from playing in school sports in West Virginia has already met its first court challenge. A few weeks after Governor Jim Justice signed the law on April 28, the American Civil Liberties Union filed a lawsuit on behalf of an 11-year-old trans girl who is now banned from joining Read More

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Who’s in Charge of Police Oversight? A New Municipal Review Board Faces Challenges

Following nationwide protests over police misconduct, the Morgantown, West Virginia city council passed an ordinance creating an advisory board to review its police department’s hiring, firing and conduct policies. But a legal challenge has been raised to the authority of the board versus that of the state-mandated Police Civil Service Commission, which critics argue is Read More

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West Virginia’s New View of Independent Contractors

Employers often ask about what defines an employee versus an independent contractor. A new West Virginia statute offers greater clarity on the differences between each of these categories of workers. The West Virginia Employment Law Workers Classification Act, which went in to effect on June 9, is designed to help employers understand the criteria for Read More

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How an Intervening Criminal Act Can Relieve a Defendant of Liability in a Negligence Lawsuit

Whether we are thinking about a property owner defending against a slip-and-fall claim, an insurer involved in a motor vehicle accident case or a business facing a workers’ comp claim, the law of negligence is involved. It means the defendant breached a duty of care owed to the plaintiff and thereby caused the plaintiff to Read More

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Jury Finds Police Did Not Use Excessive Force During Logan County Arrest

A federal jury in West Virginia has decided in favor of two Logan County police officers sued for allegedly violating a man’s civil rights by using excessive force during an arrest. The case stemmed from an incident in April 3018. Officers Joshua Tincher and Kevin Conley were investigating a report of a man performing a Read More

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Employees’ Sick Time and Family Leave Rights During COVID-19

As West Virginia continues to see rising numbers of new coronavirus cases, businesses and municipalities in the state need to be aware of their obligations regarding employee sick time and medical leave. The Families First Coronavirus Response Act (FFCRA) is the applicable federal law on this issue. Enacted on April 1 as part of the Read More

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What Could Happen to Businesses if a COVID-19 Surge Causes Closures This Winter?

As West Virginia heads into a winter of uncertainty, many business owners are wondering what might happen if COVID-19 cases increase so sharply that some version of the state’s original stay-at-home order needs to be re-implemented. The stay-at-home order took effect on March 24, soon after the state saw its first handful of coronavirus infections. Read More

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Municipal Governments Will Likely Take a Leading Role in COVID-19 Response This Winter

As the number of new coronavirus cases steadily rose across many parts of West Virginia in the late summer through fall, it became clear that the state would need to rely on county and municipal officials to make decisions to protect public health based on the situations in their communities. Reliance on local officials is Read More

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Remote Court Proceedings Becoming Crucial as Courts Limit Hours Due to COVID-19

The spread of COVID-19 in West Virginia accelerated in mid-summer and into fall. As a result, courts in some of the state’s more heavily affected areas implemented protocols and procedures designed to keep court employees, litigants and the public safe while continuing to provide as much access to the courts as possible. Remote court proceedings Read More

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