Biography
For 25 years, Rodney Bean has provided practical, no-nonsense advice to help employers develop labor and human resources strategies that comply with the law and make good sense.
“The reason I went to law school was so that I could do this work,” Rodney says. “My Dad was a railroad carman and the smartest guy I ever met, and I learned a ton about the basics of good labor relations from him. I try hard to apply those lessons every day.”
Those early lessons provide the foundation of Rodney’s approach to the labor and employment issues he handles in his practice. “The companies I work with know better than to take a scorched earth approach to their labor and employment problems,” he says. “They might be arbitrating against an employee today, but tomorrow, they’ll be back on the same team working side-by-side. We know how and when to be strategically aggressive without blowing up critical relationships.”
Rodney spends much of his time counseling and training employers on most aspects of federal and state employment law. He embraces the more complex areas of employment law that many practitioners shun, such as wage and hour law and ERISA litigation.
He also has significant litigation and arbitration experience, having represented employers in countless cases before state and federal trial courts and administrative agencies, tried more than 50 labor arbitrations, and argued more than 30 cases before state and federal appellate courts.
“Much of my work comes from employers whose industries are highly regulated, like natural gas or health care,” Rodney says. “For several years, I’ve sat on the board of a large regional health care system, so I’m not only aware of the pressures borne by employers in heavily regulated industries, but I’ve also felt them myself.”
But Rodney says one of the greatest things about being a labor and employment lawyer is that he can help almost any employer, no matter what kind of work they do. “If you have employees, we can help you,” he says. “That means there’s always something new to learn, and that keeps me going every day.”
When he is outside the office and on leave from his annual war against the dandelions in his lawn, Rodney hones his skills as a small-time indie music producer and live sound engineer. Inspired by his two daughters, both of whom study voice performance, he also is taking a class about the history of opera, an interest he developed over the last couple years which he says is now “on the verge of requiring treatment.”
Representative Experience
- Tried more than 50 labor arbitration cases, including dozens of discharge and discipline cases, contract interpretation issues, work jurisdiction claims, and most other common grievances arising under collective bargaining agreements
- Defended more than 30 cases before state and federal appellate courts involving a variety of labor and employment and other civil issues including allegations of wrongful discharge, employment discrimination, ERISA violation, wage and hour violation, and many others
- Provided day-to-day labor and employment counseling and advice to public and private employers throughout the region
- Served as primary outside labor and employment counsel to a major natural gas utility
- Defended a wage and hour case resulting in a landmark West Virginia Supreme Court decision for employer in prevailing wage case
- Litigated dozens of charges before the EEOC and the West Virginia Human Rights Commission
- Handled numerous unfair labor practice charges before the National Labor Relations Board
Education
- J.D. West Virginia University College of Law
- B.S.J. West Virginia University
Memberships
- Public Affairs Committee, U.S. Chamber of Commerce
- Trustee and Chairman of Legal Committee, West Virginia Investment Management Board (appointed by Governor Tomblin for a six-year term: 2013-2019)
- Chairman, WV Marcellus to Manufacturing Task Force (2011-2012)
- Chairman, School Building Authority of West Virginia (2010-2012)
- Governor’s Designee & Member, West Virginia Consolidated Public Retirement Board (2010-2012)
- Governor’s Designee & Member, Judicial Vacancy Advisory Commission (2010-2012)
- Governor’s Designee & Member, West Virginia Law Institute (2010-2012)
- National Association of Bond Lawyers
- Energy & Mineral Law Foundation
- West Virginia Society of Certified Public Accountants
- West Virginia State Bar
Achievements
- Chambers USA: America’s Leading Lawyers for Business – Labor & Employment (2005-Present)
- Super Lawyers®, Employment & Labor Law, Appellate Law, Morgantown, WV (2007-Present)
- The Best Lawyers in America®, Appellate Practice (2008-Present), Employment Law – Management (2011-Present), Labor Law – Management (2011-Present), Litigation – Labor and Employment (2024-Present)
- Rated AV for Ethical Standards and Legal Ability, Martindale-Hubbell
- Best Lawyers® 2025 Morgantown, WV Labor Law – Management, Lawyer of the Year
- Best Lawyers® 2021 Morgantown, WV Employment Law – Management, Lawyer of the Year
- Best Lawyers® 2020 Morgantown, WV Labor Law – Management, Lawyer of the Year
- Best Lawyers® 2008 Morgantown, WV Appellate Law, Lawyer of the Year
- “Service Above Self” Award – Morgantown Rotary Club (2003- 2004)
Speaking Engagements
- “The Impact of #metoo on HR,” Tri-State Society of Human Resources Managers, Morgantown, WV (June 25, 2019)
- “Labor Arbitration Case Study,” Joint Threat Assessment Training, Association of Threat Assessment Professionals, Thomas Jefferson University, Philadelphia, PA (June 19, 2019)
- “Employment Law Update for West Virginia Employers,” North Central West Virginia Human Resources Association, Fairmont, WV (June 12, 2019)
- “Same Stuff, Different Day: How Workplace Law Has Adapted to Social Media,” Tri-State Society of Human Resources Managers, Morgantown, WV (October 9, 2018)
- “Employment Law Update for West Virginia Health Care Employers,” West Virginia Medical Group Management Association, Roanoke, WV (September 21, 2018)
- “Employment Law Update for West Virginia Health Care Employers,” West Virginia Health Care Human Resources Association, Flatwoods, WV (September 14, 2018)
- “Current Issues in West Virginia Employment Law,” Leadership West Virginia, Wheeling, WV (July 27, 2018)
- “Employment Law Update for West Virginia Employers,” North Central West Virginia Society of Human Resources Manager, Morgantown, WV (June 13, 2018)
- “Wage and Hour Nightmares,” West Virginia Society of Human Resources Managers Annual Conference, Bridgeport, WV (November 2, 2017)
- “Employment Law Update for West Virginia Healthcare Employers,” West Virginia Health Care Human Resources Association, Flatwoods, WV (September 14, 2017)
- “Employment Law Update,” North Central West Virginia Society of Human Resources Managers, Morgantown, WV (June 14, 2017)
- “The Simplest Route to Complexity: Understanding the FLSA Overtime Revisions,” West Virginia Healthcare Financial Management Association, Morgantown, WV (September 29, 2016)
- “Employment Law Update for West Virginia Healthcare Employers,” West Virginia Health Care Human Resources Association, Flatwoods, WV (September 15, 2016)
- “What the Heck Just Happened to Employment Law?” North Central West Virginia Society of Human Resources Managers, Morgantown, WV (June 8, 2016)
- “From Welcome to Good Riddance: Spotting Employment Law Issues in the Non-Profit Workplace,” West Virginia University School of Social Work Professional & Community Education Workshop, Clarksburg, WV (April 8, 2016)
- “Labor & Employment Law Update,” West Virginia Health Care Human Resources Association, Flatwoods, WV (September 18, 2015)
- “West Virginia Legislative Update – Employment Law” – North Central West Virginia Society of Human Resources Managers, Morgantown, WV (June 10, 2015)
Publications
- “New Law Clarifies Contractors’ Duty To Pay Subcontractors’ Wage Claims,” West Virginia Employment Law Letter (May 2019)
- “Scalia Announcement Signals No Change in Direction for DOL,” HR Management and Compliance (July 19, 2019)
- “Whatever Happened to Those New Overtime Rules? DOL Takes Another Look,” West Virginia Employment Law Letter (October 2018)
- “DOL Readies for Another Try on New Overtime Rule,” HR Daily Advisor (October 22, 2018)
- “Legislature Passes Bill to Allow Guns in Employer Parking Lots,” West Virginia Employment Law Letter (April 2018)
- “Will New Medical Marijuana Law Affect Your Zero-Tolerance Policies?” West Virginia Employment Law Letter (October 2017)
- “Unions’ Challenge of Right-to-Work Law Countered on Two Fronts,” West Virginia Employment Law Letter (April 2017)
- “Texas Federal Judge Blocks Department of Labor’s New Overtime Rules,” Steptoe & Johnson Client Alert (November 23 2016)
- “Hospital Policy Requiring Employees to Get Flu Vaccine Gets Cold Reception from EEOC,” West Virginia Employment Law Letter (October 2016)
- “Labor Department Regulation Set to Impact West Virginians,” Clarksburg Exponent-Telegram (May 22, 2016)
- “Attorneys React to DOL’s Final Overtime Exemptions Rule,” Law 360, Employment Law Edition (May 19, 2016)
- “New DOL Rules Will Cut Dramatically the Number of Overtime-Exempt Workers,” Steptoe & Johnson Client Alert (May 16 2016)
- “Labels, Rhetoric Often Unhelpful in Explaining Right-to-Work Laws,” West Virginia Employment Law Letter (March 2016)
- “West Virginia Legislature Passes Right-to-Work Bill; Governor Promises Veto,” Human Resources News, HRHero.com (February 8, 2016)
- “Prevailing Wage Mess Leaves Contractors with Few Answers,” West Virginia Employment Law Letter (August 2015)
- “By Hiking Salary Level for FLSA Exemptions Instead of Revising Complex “Duties Tests,” DOL Takes the Simplest Route to Regulatory Simplification,” Steptoe & Johnson Employment Essentials Labor & Employment Blog (July 30, 2015)
- “U.S. Department of Labor Issues New Proposed Overtime Regulations,” The National Law Review (July 1, 2015)