Brian J. Moore
Partner
Charleston, WV
Tel: (304) 357-9905
Brian represents companies in labor, employment, deliberate intent, and general litigation. His business-oriented
approach enables him to guide clients through a myriad of challenges. He draws on his experience to help clients
reach efficient resolutions -- or pursue litigation and trial -- as the situation warrants. Working with clients in the
banking, insurance, retail, health care, energy, hospitality, and food and beverage industries, he has guided them
through an array of issues, including discrimination, harassment, wage and hour, deliberate intent, unfair labor
practice, union representation, injunction, and general litigation matters. Brian has substantial experience
practicing in both state and federal courts, including trying cases to verdict, as well as practice before the West
Virginia Human Rights Commission, the Equal Employment Opportunity Commission, and the National Labor
Relations Board. He has also drafted and litigated employment and arbitration agreements, covenants not to
compete, and various other contracts.
He 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, human resources professionals, and
company management, taking a proactive approach to help clients anticipate and overcome challenges before
they arise. He prepares employee handbooks, conducts supervisory training, and understands the increasing role
of technology and social media in the workplace.
Brian is an active speaker and writer and has published a book entitled The Pocket Guide to West Virginia Law. In
addition, he speaks, writes and provides training on leadership, networking, time management and other personal
development topics. When he is not practicing law, speaking, or writing, Brian is an avid fitness, automobile and
college football enthusiast.
Services
• Labor
• Employment
• Litigation
• Employment Discrimination Litigation
• Labor Arbitrations
• Collective Bargaining Negotiations
• NLRB Issues
• Strike Preparation/Litigation
• Wage/Hour Law
• Wrongful Discharge
• Workplace Safety
• Audits, Counseling & Training
• First Amendment & Media
• Natural Resources Industry
Education
• West Virginia University College of Law (J.D., 2001)
o West Virginia Law Review, executive editor for research
o Class treasurer
• West Virginia University (B.S.B.A., summa cum laude, 1998)
o Accounting
Bar Admissions
• West Virginia
• Kentucky
Court Admissions
• U.S. Supreme Court
• Kentucky Supreme Court
• West Virginia Supreme Court of Appeals
• U.S. Court of Appeals for the Fourth Circuit
• U.S. District Court for the Eastern District of Kentucky
• U.S. District Court for the Western District of Kentucky
• U.S. District Court for the Southern District of West Virginia
• U.S. District Court for the Northern District of West Virginia
Affiliations/Memberships
• Putnam Chamber Foundation, Board of Directors
• Mountain State Rotary, president (2013 - 2015)
• Putnam County Chamber of Commerce, Board of Directors
• Leadership West Virginia, Class of 2012 and Former Board of Directors Member
• Generation Putnam, Co-Founder and Former Director
• Generation West Virginia, Board of Directors (2013 - 2015)
• Defense Trial Counsel of West Virginia, Chairperson of Employment Law Committee (2009 - 2010)
• Habitat for Humanity of Kanawha & Putnam County, Board of Directors (2011 - 2012)
• Appalachian Reading Center, Inc., Board of Directors (2009 - 2012)
• Problem Gamblers' Help Network of West Virginia Advisory Board (2009 - 2012)
• 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
• Generation Charleston
• WVU Alumni Association
• Energy & Mineral Law Foundation
• Leadership Putnam County, Class of 2009
Distinctions
• Mentor of the Year, Dinsmore & Shohl (2019)
• Best Lawyers
©
o Employment Law - Management and Litigation - Labor and Employment, Mining Law (2021-2024)
o "Lawyer of the Year" in Charleston for Litigation - Labor and Employment (2024)
• West Virginia Super Lawyers
®
o Employment & Labor (2021)
• West Virginia Rising Stars
®
• Peer Review Rated AV in Martindale-Hubbell
• National Kidney Foundation of Maryland, Volunteer Service Award (2008)
• University of Virginia Trial Advocacy Institute (2004)
• Generation Next: 40 Under 40 award by The State Journal (2011)
• Young Leader Award, Putnam County Chamber of Commerce
• Chambers USA
®
: America's Leading Lawyers for Business, Labor and Employment (2021)
Experience
Represented a Company in NLRB Charges Related to Collective Bargaining Negotiations (2017)
We successfully represented a Caterpillar dealer in NLRB charge following last best final offer and implementation
in collective bargaining with the Operating Engineers.
Secured Favorable Resolution for a Publicly Held Client in Hazing Case (2013)
We obtained the favorable and confidential resolution of a case for a publicly held client where two employees
claimed constructive discharge following unfortunate horseplay and extreme hazing which led to embarrassing
allegations and two constructive discharges.
Ellis v. West Virginia American Water Company, Inc. (Kanawha County, WV 05-C-749) (2010)
Successful defense in suit by HR manager alleging sex discrimination by company where HR manager was
discharged for inappropriate e-mail communications. Obtained summary judgment on all issues on case of trial.
Represented a Hospital Following Collective Bargaining (2010)
We successfully defended a hospital in NLRB charge following the implementation of its last best final offer in
collective bargaining with the USW.
Hospital and Union
Successfully defended against an unfair labor practice charge alleging that the Hospital improperly declared
impasse and implemented its last best final offer.
Plaintiff v. Hospital
Successfully obtained reversal by the West Virginia Supreme Court of an award of unemployment compensation
benefits.
Plaintiff v. Large Retailer
Obtained summary judgment in United States District Court for the Southern District of West Virginia on disability
discrimination claim brought by former employee.
Plaintiff v. Regional Airline
Successfully obtained reversal by the West Virginia Supreme Court of the West Virginia Human Rights
Commission's finding of discrimination.
Publications
August 13, 2024
Navigating the New Federal Workplace Rules
Bank Director
April 30, 2024
EEOC Finalizes New Guidance on Harassment in the Workplace
April 25, 2024
Department of Labor Issues Final Rule Expanding Federal Overtime Eligibility
March 11, 2024
Federal Court Strikes Down NLRB Joint Employer Rule
February 12, 2024
No Retaliatory Intent Needed: SCOTUS Eases Requirements for SOX Whistleblower Claims
January 10, 2024
Department of Labor Unveils Final Independent Contractor Rule
October 26, 2023
NLRB Issues Final Rule Broadening Standard for Joint-Employer Status
October 2, 2023
EEOC Proposes New Guidance on Harassment in the Workplace
August 31, 2023
Flurry of Recent NLRB Actions Create Easier Road to Union Representation
August 21, 2023
The Pregnant Workers Fairness Act May Be Broader Than You Think
August 3, 2023
NLRB Adopts Stricter Standard for Workplace Rules
August 3, 2023
Are Non-Competes on the Ropes?
BankDirector.com
June 16, 2023
NLRB Decision Reinstates Obama-Era Independent Contractor Standard
June 7, 2023
NLRB General Counsel Aims to Outlaw Broad Non-Compete Provisions in Employment Contracts
February 24, 2023
SCOTUS Upholds Fair Labor Standards Act Salary Basis Test for Highly-Compensated Employees
February 23, 2023
Non-Disparagement Provisions in Severance Agreements Must Be Narrowly-Tailored Under New NLRB
Ruling
December 22, 2022
NLRB Reinstates Obama-Era Standard Reviving “Micro-Units” for Organizing
December 20, 2022
New NLRB Opinion Means Employers on the Hook for Expanded Damages in Labor Violation Cases
October 21, 2022
EEOC Replaces “EEO is the Law” Poster with New “Know Your Rights” Poster
September 8, 2022
New NLRB Proposed Joint Employer Standard May Substantially Increase Liability For Employers
June 17, 2022
California Employers Can Take Advantage of Huge Unexpected Win
February 17, 2022
Congress Ends Mandatory Arbitration for Workplace Sexual Harassment and Assault Disputes
July 12, 2021
Biden Executive Order Calls for Ban on Noncompete Agreements
May 10, 2021
New DOL Repeals Trump-Era Independent Contractor Test
September 8, 2020
Sixth Circuit Court Of Appeals Limits Enforcement of NLRB Special Remedies
August 28, 2020
Transgender Students Protected from Discriminatory Restroom Policies under Equal Protection Clause &
Title IX, Fourth Circuit Court of Appeals Rules
July 28, 2020
DOL Releases Updated FMLA Forms
April 22, 2020
West Virginia Supreme Court Upholds Right-to-Work Law
February 28, 2020
NLRB Publishes Final Rule on Joint Employers
December 19, 2019
NLRB Restores Longstanding Dues Checkoff Rule
December 16, 2019
NLRB Issues Final Rule Modifying Representation Case Procedures
September 25, 2019
Breaking: US DOL Final OT Rule Raises the FLSA Exemption Thresholds, Effective Jan. 1, 2020
September 18, 2019
MV Transportation Inc. – NLRB rules on employer unilateral action
September 11, 2019
NLRB Issues New Decision Adopting 3 Part Test for Analyzing Bargaining Unit Scope Disputes
September 4, 2019
FMLA for School IEP Meetings
August 20, 2019
NLRB Addresses Several Issues Involving Mandatory Arbitration Agreements Following Supreme Court
Opinion in Epic Systems
August 8, 2019
Fifth Circuit Court of Appeals Enjoins EEOC Guidance on use of Criminal History in Employment
Decisions
June 18, 2019
NLRB Will No Longer Require Employers to Permit Union Organizers in “Public Space” on Employers’
Property
June 3, 2019
U.S. Supreme Court Rules Title VII’s Administrative Charge-Filing Requirement is Not Jurisdictional
July 26, 2018
The Top 10 Reasons Your Organization Should Have an Employee Handbook
April 7, 2017
Employer’s Rights and Obligations When Dealing With Employees on Workers’ Compensation Leave
Sterling Education Services
April 6, 2017
Privacy and Today’s Technology in the Workplace
Sterling Education Services
November 23, 2016
District Court in Texas Issues Nationwide Injunction on New DOL Overtime Rule
