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Labor & Employment

Federal Black Lung

Robinson & McElwee represents West Virginia employers and insurers in federal black lung cases. Our federal black lung defense attorneys and non-legal personnel are experienced in providing effective, cost efficient representation. The Robinson & McElwee Federal Black Lung Practice Group provides clients with the advantage of experienced attorney representation while experienced non-legal personnel manage the litigation files and gather evidence. This reduces litigation costs.

Workers’ Compensation

West Virginia’s workers’ compensation laws and administrative procedures have evolved rapidly during the past several years. Compliance and insurance issues, workplace safety, claims handling and defense, and payment of compensation for occupational injuries and diseases, including occupational pneumoconiosis, all create a great burden on West Virginia employers and their insurance companies.

Human Resource Policies and Procedures, Management and Human Resource Training

State and federal employment statutes and regulations impose a wide array of obligations and attendant risks on West Virginia employers. Among the top priorities for most employers is the avoidance of litigation surrounding hiring, discipline, promotions and demotions, terminations, and occupational safety and health. Robinson & McElwee routinely provides advice and training to West Virginia employers and human resource professionals regarding cost-effective strategies for preventing potential litigation regarding human resource issues.

Labor Management Relations, Grievances and Arbitration

Nearly every employment decision by West Virginia employers, from wage structure and work rules to restructuring and downsizing, can have significant impact on a company’s ability to avoid union organization. We have extensive experience in such matters, as well as those related to the grievance and arbitration process and at the negotiating table.

Robinson & McElwee works closely with West Virginia employers in dealing with:


In workplace health and safety matters, our attorneys help employers in the compliance stage to maintain a safe environment, as well as record keeping and reporting of issues. We counsel clients to be proactive in compliance and safety standards. Additionally, our attorneys coordinate litigation and defense in matters before OSHA, workers’ compensation filings boards, and in courtroom litigation.

EEOC and West Virginia Human Rights Commission Charges

West Virginia is a dual-file state where charges are filed simultaneously at the federal level with the Equal Employment Opportunity Commission and through the West Virginia Human Rights Commission at the state level.

Robinson & McElwee attorneys handle all aspects of employment-related arbitration and litigation before both the EEOC and WV Human Rights Commission.

Discrimination, Workplace Rights and Employee Benefits

Robinson & McElwee’s attorneys defend employers in discrimination issues involving the Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA), ERISA and COBRA.

Whether a discrimination or harassment claim arises because of gender, age, disability or other protected category, Robinson & McElwee works to protect the rights of employers.

Our Labor & Employment Practice Group counsels with regard to employment contracts, including non-compete agreements, separation, release and waiver agreements, and security of trade secrets.

Labor and Employment Practice

The modern workplace demands strict compliance with a vast array of ever-changing state and federal laws and regulations.

It is essential to have as your partner highly qualified legal counsel who can guide you through the complex labor and employment law issues that often arise. Robinson & McElwee is uniquely equipped to fill that role.