West Virginia courts have long utilized the same rule related to "open and obvious" hazards in cases involving premises liability. In fact, it was followed for over a century. The rule regarding "open and obvious" hazards states that a property owner is not legally...
Month: June 2016
Automobile Insurance: Uninsured and Underinsured Coverage
On Behalf of Bouchillon Crossan & Colburn, L.C. | Jun 28, 2016 | Personal Injury
West Virginia's financial responsibility statute is designed to set minimum compulsory coverages to which all insurance policies issued on motor vehicles are subject. State Farm Mut. Auto. Ins. Co. v. Universal Underwriters Ins. Co., 181 W. Va. 609, 383 S.E.2d 791...
Automobile Insurance: Uninsured and Underinsured Coverage
On Behalf of Bouchillon Crossan & Colburn, L.C. | Jun 28, 2016 | Motor Vehicle Accidents
West Virginia's financial responsibility statute is designed to set minimum compulsory coverages to which all insurance policies issued on motor vehicles are subject. State Farm Mut. Auto. Ins. Co. v. Universal Underwriters Ins. Co., 181 W. Va. 609, 383 S.E.2d 791...
Things To Know About Maintaining Employee Records
On Behalf of Bouchillon Crossan & Colburn, L.C. | Jun 23, 2016 | Employment Law
In general, under state and federal laws, an employer is either required to or should maintain the following records on each employee:1 yearTo comply with the limitations period for claims under Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with...
Things To Know About Maintaining Employee Records
On Behalf of Bouchillon Crossan & Colburn, L.C. | Jun 23, 2016 | Business Law
In general, under state and federal laws, an employer is either required to or should maintain the following records on each employee:1 yearTo comply with the limitations period for claims under Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with...
About the West Virginia Parental Leave Act
On Behalf of Bouchillon Crossan & Colburn, L.C. | Jun 21, 2016 | Employment Law
In addition to the federal Family Medical Leave Act (FMLA), West Virginians that work for state and county governments may additionally take advantage of the West Virginia's Parental Leave Act (the "Act"), which provides that all state and county employees may take up...
West Virginia State Anti-Retaliation Laws
On Behalf of Bouchillon Crossan & Colburn, L.C. | Jun 16, 2016 | Business Law
West Virginia law protects employees from employer retaliation for many types of actions. Here is a short summary of some West Virginia anti-retaliation laws:*Garnishment (W. Va. Code § 46A-2-131)Employers may not discharge or take any other form of reprisal...
Dog Bite Liability In West Virginia
On Behalf of Bouchillon Crossan & Colburn, L.C. | Jun 14, 2016 | Personal Injury, Personal Injury Law
Like many states, West Virginia's dog bite law is a mix of statutory and common law. West Virginia,W.Va.Code § 19-20-13 states, quite simply, that a dog owner or keeper is liable for any damages for injuries to person or property by his or her dog while at-large,...
Employee Drug Testing In West Virginia
On Behalf of Bouchillon Crossan & Colburn, L.C. | Jun 9, 2016 | Business Law
There are few federal limitations on employers testing employees for drugs. Although the federal government requires testing by employers in safety-conscious industries like aviation, transportation, and for NASA and DOD contractors, federal law neither requires nor...
Verifying Employees’ Legal Employment Status Under §21-1B-4 Of The West Virginia Code
On Behalf of Bouchillon Crossan & Colburn, L.C. | Jun 7, 2016 | Employment Law
A rule adopted by the West Virginia legislature significantly affecting West Virginia employers took effect last summer on July 1, 2015. This rule amended the procedures required for West Virginia employers to verify the legal employment status of their employees....
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