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Erin E. Magee Erin E. Magee Of Counsel Charleston Office 500 Lee Street East Pittsburgh Office Suite 1600 501 Grant Street Charleston, WV 25301 Suite 1010 (O): 304.340.1360 Pittsburgh, PA 15219 (F): 304.340.1130 (C): 304.539.8360 [email protected] Erin E. Magee is Of Counsel in the Energy and Manufacturing industry groups, focusing primarily on labor and employment matters. She practices out of the Firm’s offices in Charleston, West Virginia, and Pittsburgh, Pennsylvania. One of Erin’s best qualities is her straightforward, no-nonsense approach – she won’t tell you what you want to hear, but rather what you need to hear. This is what every client should seek out in an attorney. Erin is passionate about helping clients navigate issues in the workplace, consulting daily with employers about wage and hour issues, employee leave and benefit questions, reductions in force, drug testing, workplace privacy, personnel policies, and employee discharge and discipline issues. Erin also provides training and speaks at seminars and conferences on issues such as how to avoid harassment in the workplace. She is knowledgeable on this subject because she regularly conducts investigations of complaints of harassment and discrimination in the workplace. She knows providing guidance and advice on the front end often prevents the issues that ultimately lead to litigation. Erin has built a solid labor and employment practice because she’s more than just a litigator – she’s an advisor, an instructor, and a fierce advocate. Her investigation and advisory skills are built upon two decades of success litigating on behalf of employers in state and federal courts, as well as before the West Virginia Human Rights Commission, the Equal Employment Opportunity Commission (EEOC), the National Labor Relations Board (NLRB), and in mediation and arbitration. Erin has defended clients from claims of discrimination based on age, gender, race, disability, and workers’ compensation, as well as claims involving wrongful discharge, sexual harassment, wage and hour, the Family and Medical Leave Act (FMLA), employee benefits, breach of contract, deliberate intent, wrongful death, and workplace safety violations. Erin has won numerous awards for her work, including being named in Woodward/White The Best Lawyers in America©, ranked in Chambers USA America’s Leading Lawyers in West Virginia, and as a West Virginia Super Lawyer®. Erin is an active member of the community, both professionally and personally, serving in leadership roles in a number of professional associations. She is the immediate past president and strategic planning chair of the Energy & Mineral Law Foundation (EMLF), a national nonprofit educational organization which fosters the study of the laws and regulations related to natural resource development and energy use. She is also the National President of the Women’s Energy Network (WEN), a national nonprofit organization with the mission to provide networking opportunities and foster career and leadership development of women who work in the energy industry. She is a founding member of WEN’s Greater Pittsburgh Chapter and served on a special task force charged with creating the national structure now in place for the organization. Erin supports causes in the community through leadership roles on the boards of the YWCA of Charleston, the Kanawha Pastoral Counseling Center, the Children’s Therapy Clinic, and the CAMC Foundation’s Run for Your Life, which raises funds to increase awareness of and screening for colorectal cancer in Southern West Virginia. Erin has also been battling cancer, which makes all of her professional accomplishments and community involvement even more remarkable. The entire Jackson Kelly team is confident cancer has never encountered such a jacksonkelly.com formidable opponent. Awards Named the Best Lawyers’ Charleston, West Virginia, Employment Law - Management “Lawyer of the Year” (2022) EMLF John L. McClaugherty Award (2021) Best Lawyers® Business Edition “Women in Law” (2017) Women’s Energy Network Pioneer Award (2015) Who’s Who in Energy by Pittsburgh Business Times (2013-2017) West Virginia Super Lawyers® for Employment & Labor Law (2012-2021) Selected by her peers for inclusion in The Best Lawyers in America© for Employment Law - Management, Labor Law - Management, and Litigation - Labor & Employment (2008-2022) Ranked in Chambers USA: America’s Leading Lawyers for Business in the area of Labor & Employment Law in West Virginia (2007-2021) Erin E. Magee Work History Jackson Kelly PLLC (1992-Present) York County Attorney, Yorktown, Virginia, Summer Legal Clerk (1991) The Honorable Robert P. Frank, Newport News, Virginia, Intern (1990-1991) Practices Commercial Litigation Appellate Employee Benefits & ERISA Labor & Employment Litigation Industries Energy Insurance Coal Manufacturing Oil & Gas Education jacksonkelly.com College of William and Mary, Marshall-Wythe School of Law (J.D., 1992) College of William and Mary (B.A. in Government, 1989) Admissions Pennsylvania (2013) West Virginia (1992) U.S. District Court, Western District of Pennsylvania (2014) U.S. District Court, Northern District of West Virginia (2001) U.S. Court of Appeals, Fourth Circuit (1994) U.S. District Court, Southern District of West Virginia (1992) Professional Organizations Energy & Mineral Law Foundation President (2017-2018) Executive Committee Member Long-term Planning Committee Member Women’s Energy Network National President (2019) Founding Member and Past President of Appalachia Chapter Leadership West Virginia Speaking Engagements & Publications Speaking Engagements "Weed in the Workplace: Employer Obligations to Employees Using Cannabis," WVCLE Shale Gas Law 2019 CLE Seminar, Morgantown, West Virginia, Nov. 9, 2019 Panel Member, "Women in Energy," 13th Annual Governor's Energy Summit, Embracing Energy Opportunities, Roanoke, West Virginia, Oct. 8, 2019 “Hot Topics in Employment Law in the Construction Industry,” Associated Builders and Contractors of West Virginia Summer Meeting, Snowshoe, West Virginia, Aug. 12, 2017 “Wage and Hour Issues in the Natural Gas Industry,” Southern Gas Association Operating Conference, Atlanta, Georgia, July 2017 "Labor and Employment Update: How the Trump Administration is Winding Down Obama Era Regulations," ABCWV Summer Meeting, Snowshoe Mountain, West Virginia, Aug. 12, 2017 “Lessons from the Courtroom: Classic Termination Mistakes to Avoid,” 15th Annual AlignHR Conference, Charleston, West Virginia, May 4, 2017 Co-Speaker, “Surprise! You are a Joint Employer,” Energy & Mineral Law Foundation 37th Annual Institute, Charleston, South Carolina, June 2016 “Employer and Employee Rights from a Federal and State of WV Perspective,” 14th Annual AlignHR Conference, Charleston, West Virginia, May 4, 2016 “Wage and Hour Issues in the Energy Industry,” Energy & Mineral Law Foundation Kentucky Mineral Law Conference, Lexington, Kentucky, Oct. 21, 2015 “Employee Discharge Best Practices,” 13th Annual AlignHR Conference, Charleston, West Virginia, May 7, 2015 “Wage and Hour Issues in the Oil and Gas Industry,” Energy & Mineral Law Foundation Special Institute on Understanding Appalachian Basin Midstream Assets, Canonsburg, Pennsylvania, April 21, 2015 “Blurred Lines: Social Media in the Workplace,” 12th Annual AlignHR Conference, Charleston, West Virginia, May 8, 2014 jacksonkelly.com “Using Independent Contractors in the Oil and Gas Workplace,” WVCLE Shale Gas Seminar, Morgantown, West Virginia, Nov. 8, 2013 “Using Independent Contractors in the West Virginia Workplace,” West Virginia Oil and Natural Gas Association Annual Meeting, Sept. 12, 2013 “Social Media in the Workplace,” Canton Chamber of Commerce, Canton, Ohio, Aug. 9, 2013 “NLRB Update,” West Virginia Coal Mining Institute Fall Meeting, White Sulfur Springs, West Virginia, Oct. 12, 2012 “Preparing for the Future: How to plan and implement a succession plan,” West Virginia Chamber of Commerce HR Summit and Governor's Safety Conference, Charleston, West Virginia, Oct. 4, 2012 “Retaliation Claims: the Myth of At-Will Employment,” West Virginia SHRM State Conference, Bridgeport, West Virginia, Sept. 19, 2012 “Top 10 Privacy Concerns for Employers,” DeemHR Annual Conference, Charleston, West Virginia, May 2012 “Drug Testing in West Virginia,” West Virginia Coal Association Mining Symposium, Charleston, West Virginia, Feb. 1, 2012 “Harassment In The Workplace – It’s Not Just About Women Anymore,” 2011 West Virginia SHRM State Conference, Bridgeport Conference Center, Bridgeport, West Virginia, Oct. 6, 2011 “Hot Topics in Wage and Hour Law,” IPMA-HR Training and Development Conference, Logan, West Virginia, April 28, 2011 “Dissecting Discipline,” DeemHR Annual Conference, Charleston, West Virginia, June 2010 “The ADA Amendments Act,” West Virginia Chamber of Commerce 2009 HR Summit and Governor's Safety Conference, Charleston, West Virginia, Nov. 3, 2009 “Writing Bulletproof Documentation,” DeemHR Annual Conference, Charleston, West Virginia, June 2009 Writings and Publications “Charleston cancer survivor knows the importance of testing,” West Virginia MetroNews, June 17, 2016 “Tough lawyer vows to raise cancer awareness,” Charleston Gazette-Mail, June 14, 2016 Interview, “Work, wages and women in the energy industry,” Pittsburgh Post-Gazette, April 18, 2014 Various articles in the West Virginia Chamber of Commerce’s HR Journal Co-Author with Dan Stickler, “The National Bituminous Coal Wage Agreement of 1993 and the Memorandum of Understanding Regarding Job Opportunities: Is ‘Double-Breasting’ Dead?,” 15 Eastern Min. L. Inst. Ch. 5 (1995) Community YWCA of Charleston, Former Member Board of Directors, Executive Committee Kanawha Pastoral Counseling Center Board of Directors, Past President Children’s Therapy Clinic Board of Directors, Past President West Virginia Chamber of Commerce Leadership West Virginia (Class of 2005) CAMC Foundation’s Run for Your Life, Former Honorary Chair, Planning Committee Member jacksonkelly.com.
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