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West Virginia Law Review

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Full-Text Articles in Labor and Employment Law

Community Lawyering In Coal Country: Empowering Those Who Power America, Gregory Robertson Apr 2026

Community Lawyering In Coal Country: Empowering Those Who Power America, Gregory Robertson

West Virginia Law Review

Despite the intense and prolonged efforts of thousands of activists in the 1960s and 1970s to obtain safer working conditions for coal miners, pneumoconiosis rates, disease that develops as a result of inhalation of particle material, is on the rise. The Supreme Court’s decision in Loper Bright Enterprises v. Raimondo has shaken the ground upon which administrative agencies’ ability to promulgate rules to protect miners rests. This Note profiles a handful of attorneys, archetypes of community lawyering, who advocated for Appalachian coal miners during the height of the Black Lung Movement and continue to do so today. Through conversations with …


Practical Reason In The Portfolio Economy: Accept: Amend, Or Abandon, The Flsa?, Kevin Frazier Apr 2026

Practical Reason In The Portfolio Economy: Accept: Amend, Or Abandon, The Flsa?, Kevin Frazier

West Virginia Law Review

No abstract provided.


Stars, Stripes, And Pills: The Stock Narratives That Blind, Michelle Wilde Anderson Apr 2025

Stars, Stripes, And Pills: The Stock Narratives That Blind, Michelle Wilde Anderson

West Virginia Law Review

No abstract provided.


Labor And Environment Entwined: A Radical Green New Deal And Just Transition In Appalachia, Anne Marie Lofaso, Nicholas F. Stump Apr 2025

Labor And Environment Entwined: A Radical Green New Deal And Just Transition In Appalachia, Anne Marie Lofaso, Nicholas F. Stump

West Virginia Law Review

In this Article, Professor Lofaso and Professor Stump propose a genuinely transformative Green New Deal and Just Transition in Appalachia. The Article opens by tracing the long history of the Appalachian labor and environmental movements. Next, the Article interrogates the common contention that the Appalachian environmental and labor movements are opposed. While this contention has substantial truth, more complex forces have been at work in the region. Fossil fuel industry elites, for instance, have wielded exaggerated “jobs versus environment” rhetoric to maximize profits and quash emergent solidarities among local workers, residents, and activists. This Article contends that a key solution …


Maximizing Productivity Through Digital Panopticism: Combatting Invasive Employee Surveillance Systems In The Workplace, Amber Wooten Sep 2024

Maximizing Productivity Through Digital Panopticism: Combatting Invasive Employee Surveillance Systems In The Workplace, Amber Wooten

West Virginia Law Review

The United States has experienced rapid advancements in surveillance technology and data collection in the past three decades. Conversely, since the COVID-19 pandemic, remote work opportunities have increased, with many remote workers being subjected to surveillance within their homes. Given the lack of significant statutory measures to safeguard remote employees against incessant surveillance, employers can monitor employees, collect data, and enforce unattainable productivity quotas with little repercussions. Despite these harms, the influx of remote jobs presents significant benefits, especially for states like West Virginia, which faces immense population decline and lacks consistent physical job opportunities. Remote work promotes flexibility and …


Dismantling The Mine Act, William B. Moran Apr 2023

Dismantling The Mine Act, William B. Moran

West Virginia Law Review

No abstract provided.


A Road To Resolution For Federal Whistleblowers' Mixed Case Claims, Devin Redding Mar 2023

A Road To Resolution For Federal Whistleblowers' Mixed Case Claims, Devin Redding

West Virginia Law Review

Since the birth of the United States, whistleblowers have held our nation’s government accountable for illegal, fraudulent, and harmful behavior. The triumphs and failures of whistleblowers are deeply entwined with our nation’s struggle for independence, civil rights, and economic freedom. Nevertheless, employees who bravely expose misdeeds at all levels of our federal government are often bullied and discriminated against on the basis of sex, gender, age, disability, and more. In recent decades, and despite improved whistleblower protections, federal whistleblowers increasingly suffer from adverse employment actions and discrimination as reprisal for their disclosures. Employees looking toward our administrative law systems and …


Content, Context, What's Next? A Garcetti-Pickering Analysis For Public Employees In Court, Austin Longnecker Dec 2020

Content, Context, What's Next? A Garcetti-Pickering Analysis For Public Employees In Court, Austin Longnecker

West Virginia Law Review

No abstract provided.


Enacting Local Workplace Regulations In An Era Of Preemption, Dilini Lankachandra Apr 2020

Enacting Local Workplace Regulations In An Era Of Preemption, Dilini Lankachandra

West Virginia Law Review

Since San Francisco enacted the first paid sick leave ordinance in 2007, cities and counties across the country have quietly emerged as drivers of the modern labor movement. Local governments are now increasingly playing a pivotal role in developing, enacting, and enforcing workplace regulations ranging from local minimum wage increases to LGBTQ-inclusive nondiscrimination ordinances to fair scheduling requirements. As a result, the question of which level of government should have the power to regulate business and protect workers has become a flash point in contemporary state-local conflicts, inciting state legislatures to adopt far-reaching, sweeping preemption laws that eliminate local authority …


On Race, Teacher Activism, And The Right To Work: Historicizing The "Red For Ed" Movement In The American South, Jon N. Hale Apr 2019

On Race, Teacher Activism, And The Right To Work: Historicizing The "Red For Ed" Movement In The American South, Jon N. Hale

West Virginia Law Review

No abstract provided.


Another Day Older And Deeper In Debt: Mitigating The Deleterious Effect Of Wage Garnishments On Appalachia's Low-Wage Workers, Faith Mullen Apr 2018

Another Day Older And Deeper In Debt: Mitigating The Deleterious Effect Of Wage Garnishments On Appalachia's Low-Wage Workers, Faith Mullen

West Virginia Law Review

No abstract provided.


Regulation Of Silica: Will Lowering The Exposure Level Cost Jobs Or Improve Public Health?, Elizabeth Ann Glass Geltman Apr 2018

Regulation Of Silica: Will Lowering The Exposure Level Cost Jobs Or Improve Public Health?, Elizabeth Ann Glass Geltman

West Virginia Law Review

No abstract provided.


Community Orchards And Food Security In Appalachia, Ursula Ramsey Apr 2018

Community Orchards And Food Security In Appalachia, Ursula Ramsey

West Virginia Law Review

No abstract provided.


Legal Strategies For Economic Empowerment Of Persons In Recovery, Lauren Rogal Apr 2018

Legal Strategies For Economic Empowerment Of Persons In Recovery, Lauren Rogal

West Virginia Law Review

No abstract provided.


Abandoning The Stoppage Of Work Inquiry: Why Other States Should Follow West Virginia's Lead On Labor Dispute Disqualification, Will Lorensen Dec 2017

Abandoning The Stoppage Of Work Inquiry: Why Other States Should Follow West Virginia's Lead On Labor Dispute Disqualification, Will Lorensen

West Virginia Law Review

No abstract provided.


Square Pegs Do Not Fit In Roun Holes: The Case For A Third Worker Classification For The Sharing Economy And Transportation Network Company Drivers, Carl Shaffer Apr 2017

Square Pegs Do Not Fit In Roun Holes: The Case For A Third Worker Classification For The Sharing Economy And Transportation Network Company Drivers, Carl Shaffer

West Virginia Law Review

No abstract provided.


Finalizing The Grand Compromise In West Virginia Workers' Compensation: Repeal Deliberate Intent, Charles R. Russell Apr 2017

Finalizing The Grand Compromise In West Virginia Workers' Compensation: Repeal Deliberate Intent, Charles R. Russell

West Virginia Law Review

No abstract provided.


Groomed For Exploitation! How Applying The Statutory Definition Of Employee To Cover Division Ia College Football Players Disrupts The Student-Athlete Myth, Anne Marie Lofaso Apr 2017

Groomed For Exploitation! How Applying The Statutory Definition Of Employee To Cover Division Ia College Football Players Disrupts The Student-Athlete Myth, Anne Marie Lofaso

West Virginia Law Review

No abstract provided.


Awakening The Spirit Of The Nlra: The Future Of Concerted Activity Through Social Media, Benjamin J. Hogan Dec 2015

Awakening The Spirit Of The Nlra: The Future Of Concerted Activity Through Social Media, Benjamin J. Hogan

West Virginia Law Review

No abstract provided.


Finding A Way Out Of No Man's Land: Compensating Mental-Mental Claims And Bringing West Virginia's Workers' Compensation System Into The 21st Century, Logan Burke Dec 2015

Finding A Way Out Of No Man's Land: Compensating Mental-Mental Claims And Bringing West Virginia's Workers' Compensation System Into The 21st Century, Logan Burke

West Virginia Law Review

No abstract provided.


Why Don't More Employers Adopt Flexile Working Time?, Robert C. Bird Sep 2015

Why Don't More Employers Adopt Flexile Working Time?, Robert C. Bird

West Virginia Law Review

No abstract provided.


Worker Collective Action In The Digital Age, Jeffrey M. Hirsch Apr 2015

Worker Collective Action In The Digital Age, Jeffrey M. Hirsch

West Virginia Law Review

No abstract provided.


The Cowboy Code Meets The Smash Mouth Truth: Mediations On Worker Incivility, Michael C. Duff Apr 2015

The Cowboy Code Meets The Smash Mouth Truth: Mediations On Worker Incivility, Michael C. Duff

West Virginia Law Review

No abstract provided.


Managing For Social Change: Improving Labor Department Performance In A Partisan Era, Seth D. Harris Apr 2015

Managing For Social Change: Improving Labor Department Performance In A Partisan Era, Seth D. Harris

West Virginia Law Review

No abstract provided.


Stuck Between A Lump Of Coal And A Hard Place: The Mine Safety And Health Administration's Struggle With Due Process And America's Coal Industry, Patrick R. Baker Dec 2014

Stuck Between A Lump Of Coal And A Hard Place: The Mine Safety And Health Administration's Struggle With Due Process And America's Coal Industry, Patrick R. Baker

West Virginia Law Review

No abstract provided.


Mandated Reassignment For The Minimally Qualified, Edward Hood Dawson Iii Dec 2014

Mandated Reassignment For The Minimally Qualified, Edward Hood Dawson Iii

West Virginia Law Review

No abstract provided.


Significant And Substantial: The History And Continuing Evolution Of One Of The Mine Safety And Health Administration's Principal Enforcement Tools, Maxwell Multer Apr 2013

Significant And Substantial: The History And Continuing Evolution Of One Of The Mine Safety And Health Administration's Principal Enforcement Tools, Maxwell Multer

West Virginia Law Review

The cornerstone of the graduated enforcement scheme enacted to ensure safety in America's mines, significant and substantial has long been one of the Mine Safety and Health Administration's principal enforcement tools. In the 1969 Federal Coal Mine Health and Safety Act, Congress mandated that when a federal mine inspector issues a citation for a violation of a mandatory health or safety standard, the inspector must indicate whether the violation is one that "could significantly and substantially contribute to the cause and effect of a mine safety or health hazard." While Congress provided minimal guidance as to what it intended and …


Can Damages Be Too Damaging Examining Mason County And Its Progeny, Amber Marie Moore Dec 2012

Can Damages Be Too Damaging Examining Mason County And Its Progeny, Amber Marie Moore

West Virginia Law Review

No abstract provided.


West Virginia Courts Attempting To Equitably Distribute Defined Benefit Pension Plans During Divorce Proceedings: An Examination Of The Immediate Offset And Deferred Distribution Methods, Alex Greenberg Apr 2012

West Virginia Courts Attempting To Equitably Distribute Defined Benefit Pension Plans During Divorce Proceedings: An Examination Of The Immediate Offset And Deferred Distribution Methods, Alex Greenberg

West Virginia Law Review

No abstract provided.


Holding Teachers Accountable And Rewarding Those Who Perform: Evaluating A Performance-Based Pay System For West Virginia, Laura K. Omps Apr 2012

Holding Teachers Accountable And Rewarding Those Who Perform: Evaluating A Performance-Based Pay System For West Virginia, Laura K. Omps

West Virginia Law Review

No abstract provided.