In 2017, West Virginia enacted legislation amending the law designed to protect employees of the state and its political subdivisions from retaliation against whistle-blowers in WV and allows such an employee to bring a civil action for redress if the State or a political subdivision discharges, threatens or otherwise discriminates or retaliates against an employee because the employee makes a good faith report to the employer or an appropriate authority of instances of wrongdoing or waste by a governmental entity.

In the 2006 Regular Legislative Session, the West Virginia (WV) Legislature enacted the WV Preventive Care Pilot Program, Chapter 16, Article 2J of the West Virginia Code. The purpose of the pilot program was to test the feasibility of patients obtaining direct primary and preventative care from healthcare providers for a pre-paid retainer outside of the traditional health insurance model. (Direct primary care or "DPC" is one model of a now popular term, "concierge medicine.”) The Preventive Care Pilot Program by enactment expired June 30, 2016, although practitioners who were participating in the Pilot Program were permitted to continue beyond the expiration date. Its legacy is the WV Direct Primary Care Practice Act.

No matter where you do business, it is important to know the legal standards that apply to potential employee lawsuits, including age discrimination claims. Since 1996, federal age discrimination cases have been governed by the “substantially younger” rule outlined by the United States Supreme Court. Does this rule apply to claims of age discrimination under West Virginia (WV) law? In other words, does a WV substantially younger rule exist?

Employers and insurers should take note of a West Virginia Supreme Court decision involving permanent total disability thresholds. In March 2017, the Court issued its decision in Cooper v. Appalachian Power Company, determining that the Rule 20 spine impairment tables must be used when calculating whole body medical impairment ratings in WV.

Starting in January 2017, employers were required to start using a new I-9 form in West Virginia (WV) and nationwide. In a nutshell, the I-9 is the form that employers must complete in order to verify the identity and work eligibility of employees. 

The new I-9 form has frequently been updated, with the latest iteration being announced on July 17th, 2017. Both employers and employees are required to complete the form, with both citizens and non-citizens being affected by this legal requirement for employment. Employers who fail to use the new form "may be subject to all applicable penalties," according to the U.S. Immigration and Customs Enforcement agency ("ICE").