With extensive experience representing employers in a variety of industries, Brian's business-oriented approach enables him to guide clients through a myriad of labor and employment challenges. He is a former Chairperson of the Defense Trial Counsel of West Virginia Employment Law Committee.
Understanding the impact that labor and employment disputes can have on business operations, Brian draws on his experience to help clients reach efficient, cost-effective resolutions. Working with clients in the banking, retail, health care and coal industries, he has guided them through an array of issues, including workers' compensation, sexual harassment, age discrimination, unemployment, unfair labor practice and union representation cases. He has substantial experience practicing in both state and federal courts, as well as before the West Virginia Human Rights Commission, the Equal Employment Opportunity Commission and the National Labor Relations Board. He also has drafted and litigated employment agreements, arbitration agreements and covenants not to compete.
Brian places a premium on partnering with his clients to learn their operations and culture as he builds a strategy that suits their needs. He often works closely with in-house counsel and staff, preparing employee handbooks and conducting supervisory training, taking a proactive approach to help clients anticipate and overcome challenges before they arise. Understanding the increasing role of technology and social media in the workplace, Brian also advises clients on policies and procedures to help them mitigate risk.
Brian is an active speaker and writer on labor and employment law issues.
Memberships & Affiliations
· Defense Trial Counsel of West Virginia, Chairperson of Employment Law Committee (2009-2010)
· Generation Putnam, Immediate Past Director
· Putnam County Chamber of Commerce, Board of Directors
· Appalachian Reading Center, Inc., Board of Directors
· Problem Gamblers' Help Network of West Virginia Advisory Board
· Habitat for Humanity of Kanawha & Putnam County, Board of Directors
· American Bar Association, Section of Labor and Employment Law
· Defense Research Institute ("DRI"), Employment Law Committee
· West Virginia Bar Association
· Kentucky Bar Association
· Kanawha County Bar Association
· West Virginia Bar, Employment Law Committee
· Generation Charleston, Membership Committee
· WVU Alumni Association
· Energy & Mineral Law Foundation
· Leadership West Virginia, Class of 2012
Distinctions
· Peer Review Rated AV in Martindale-Hubbell
· Selected for the West Virginia Rising Stars® List
· National Kidney Foundation of Maryland, 2008 Volunteer Service Award
· Graduate, Leadership Putnam County, 2009
· Completed University of Virginia Trial Advocacy Institute, 2004
· Recipient of the 2011 Generation Next: 40 Under 40 award by The State Journal
Experience
Plaintiff v. Regional Airline
Regional Airline
Successful defense of allegation of national origin discrimination
Plaintiff v. Large Retailer
Large Retailer
Successful defense of suit alleging disability discrimination
Plaintiff v. Hospital
Hospital
Successful defense of unemployment compensation claim
Ellis v. West Virginia American Water Company, Inc. (Kanawha County, WV 05-C-749)
West Virginia American Water Company, Inc.
Successful defense in suit alleging sex discrimination by company HR manager following discharge for inappropriate e-mail communications. Obtained summary judgment on all issues.
Hospital and Union
Hospital
Successful defense of unfair labor practice charge alleging improper declaration of impasse and implementation of last best final offer.
Publications
May 17, 2012, Retaliation Claims Under Civil Rights Statutes
May 10, 2012, How Do You Handle Employees in the Workplace?
May 3, 2012, Employment Law Issues in the Workplace: EEOC Developments
February 17, 2012, Accommodating Religion in the Workplace is a Balancing Act
October 17, 2011, Social Networking in the Workplace
October 17, 2011, Creating a Social Media Policy
July 22, 2011, Wrongful Discharge Cases May Carry Heavy Price Tag
June 7, 2011, Workplace Surveillance: Balancing the Employee's Right to Privacy With the Employer's Right to Know
May 12, 2011, The Evolution of Social Networking Technologies in the Workplace
April 1, 2011, "Survey of West Virginia Privacy and Related Claims Against The Media," Media Law Resource Center
March 25, 2011, Courts Provide Little Guidance on Technology in the Workplace
December 17, 2010, Small Businesses: Beware of Labor, Employment Laws
November 1, 2010, "Survey of West Virginia Employment Privacy Law," Media Law Resource Center
November 1, 2010, "Survey of West Virginia Employment Libel Law," Media Law Resource Center
May 12, 2010, "2010 Labor Law Update," Defense Trial Counsel of West Virginia Annual Notebook of Articles
May 12, 2010, "The Problem of Duplicative Punitive Damages in West Virginia Wrongful Discharge Cases," Defense Trial Counsel of West Virigina Annual Notebook of Articles
March 23, 2010, "Labor and Employment Law," West Virginia State Bar Practice Handbook
January 22, 2010, In an Age of New Technology, Be Wary of 'Textual' Harassment
August 11, 2009, The Clock is Always Ticking Under State's Wage Payment Laws
July 21, 2009, Some Technologies You Can't Afford To Ignore
2004 - Present, "Safety and Conditions of Employment," Chapter in West Virginia Chamber of Commerce Employment Law Handbook
July 1, 2009, "Is the Attorney-Client Privilege Waived by Communications Over Workplace E-mail," Defense Trial Counsel of West Virginia Newsletter
June 1, 2009, "2009 Labor Update," Defense Trial Counsel of West Virginia Annual Notebook of Articles
June 1, 2008, "2008 Labor and Employment Law Update," Defense Trial Counsel of West Virginia Annual Notebook of Articles
May 1, 2008, "Defending Against Punitive Damages from the Answer Through the End of Trial," 29 Energy and Mineral Law Institute, Chapter 60
June 1, 2007, "2007 Labor and Employment Law Update," Defense Trial Counsel of West Virginia Annual Notebook of Articles
Presentations
April 18, 2012, "Employment Law Issues in the Workplace," Labor and Employment Law, Charleston, WV
March 8, 2012, "West Virginia Labor Law," West Virginia Healthcare Association Orientation to West Virginia Operations
January 20, 2012, "Managing Social Media in the Workplace," Healthcare Financial Management Association, Winter Conference
November 8, 2011, "Laws Every Employer Should Know," West Virginia Chamber of Commerce HR Summit, Charleston, WV
October 25, 2011, "Social Media Checks in Hiring and Firing," Assisted Living Conference 2011, Flatwoods, West Virginia
January 20, 2011, "Employment Law From A to Z," Seminar
April 29, 2010, "Some Technologies You Can't Afford To Ignore: Social Networking in the Workplace," Market Trends Convocation in Columbus, Ohio
March 17, 2009, "Privacy Issues," Employment Law from A to Z
January 28, 2009, "Developments in FMLA Compliance and the Overlap of FMLA, ADA, and WC," Employment Law Update in West Virginia
January 28, 2009, "Stay Out of Jail: Immigration Compliance Issues for Employers," Employment Law Update in West Virginia
September 18, 2008, "New EEO-1 Reporting Requirements," EEO Compliance: Protecting Your Organization
September 18, 2008, "Harassment Claims and Investigations," EEO Compliance: Protecting Your Organization
September 1, 2008, "West Virginia's Wage Payment Laws: More than Meets the Eye," West Virginia Car Magazine
May 24, 2007, "The Worker Adjustment and Retraining Notification Act," Managing Employee Payroll, Leave and Other Issues
May 24, 2007, "Managing the ADA, FMLA, and Workers' Comp.," Managing Employee Payroll, Leave and Other Issues
July 13, 2006, "Employee Files," Employment-Related Records in West Virginia
January 31, 2006, "Wage and Hour Law," Employment Law from A to Z in West Virginia
January 31, 2006, "Alternative Dispute Resolution in Employment," Employment Law from A to Z in West Virginia
July 1, 2004, "Compensation and Benefits," Adjunct Professor at the University of Charleston
April 18, 2012, "Employment Law Issues in the Workplace," Labor and Employment Law, Charleston, WV
March 8, 2012, "West Virginia Labor Law," West Virginia Healthcare Association Orientation to West Virginia Operations
January 20, 2012, "Managing Social Media in the Workplace," Healthcare Financial Management Association, Winter Conference
November 8, 2011, "Laws Every Employer Should Know," West Virginia Chamber of Commerce HR Summit, Charleston, WV
October 25, 2011, "Social Media Checks in Hiring and Firing," Assisted Living Conference 2011, Flatwoods, West Virginia
January 20, 2011, "Employment Law From A to Z," Seminar
April 29, 2010, "Some Technologies You Can't Afford To Ignore: Social Networking in the Workplace," Market Trends Convocation in Columbus, Ohio
March 17, 2009, "Privacy Issues," Employment Law from A to Z
January 28, 2009, "Developments in FMLA Compliance and the Overlap of FMLA, ADA, and WC," Employment Law Update in West Virginia
January 28, 2009, "Stay Out of Jail: Immigration Compliance Issues for Employers," Employment Law Update in West Virginia
September 18, 2008, "New EEO-1 Reporting Requirements," EEO Compliance: Protecting Your Organization
September 18, 2008, "Harassment Claims and Investigations," EEO Compliance: Protecting Your Organization
September 1, 2008, "West Virginia's Wage Payment Laws: More than Meets the Eye," West Virginia Car Magazine
May 24, 2007, "The Worker Adjustment and Retraining Notification Act," Managing Employee Payroll, Leave and Other Issues
May 24, 2007, "Managing the ADA, FMLA, and Workers' Comp.," Managing Employee Payroll, Leave and Other Issues
July 13, 2006, "Employee Files," Employment-Related Records in West Virginia
January 31, 2006, "Wage and Hour Law," Employment Law from A to Z in West Virginia
January 31, 2006, "Alternative Dispute Resolution in Employment," Employment Law from A to Z in West Virginia
July 1, 2004, "Compensation and Benefits," Adjunct Professor at the University of Charleston