Eric E. Kinder

Eric E. Kinder

Spilman Thomas & Battle, PLLC

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SuperVision Today - October 2016

In this edition of SuperVision Today, Carrie Harris offers timely advice in this election season for employers who are dealing with divisive non-work issues in the workplace. Mitch Rhein explains the upcoming changes to the...more

10/13/2016 - EEO-1 EEOC Employment Discrimination Employment Policies NLRB Pay Discrimination Payroll Records Political Speech Presidential Elections Reporting Requirements Student Employees Teaching Assistants Wage and Hour Workplace Communication

SuperVision Today - June 2016

In this edition of SuperVision Today, Erin Jones Adams previews some major issues in avoiding liability in the emerging area of treatment of members of the LGBT community. Carrie Harris takes a look at the latest in the...more

6/8/2016 - Anti-Retaliation Provisions DOL EEOC Employee Privacy Rights Employer Liability Issues Internet Privacy LGBT Over-Time Retaliation Sex Discrimination Social Media Policy Title VII Transgender Wage and Hour White-Collar Exemptions

The Department of Labor Finalizes the New Overtime Rules

Salary basis adjusted down from the proposed rule, but still much higher than current rule. New requirement goes into effect December 1, 2016. The Department of Labor (“DOL”) has slightly modified its proposed rule...more

5/18/2016 - DOL Minimum Salary Unpaid Overtime Wage and Hour White-Collar Exemptions

West Virginia, “Right-to-Work” and “Prevailing Wage” - What Does This Really Mean for Employers?

Less than a month ago, the West Virginia Legislature overrode the veto of Governor Tomblin to enact the “Workplace Freedom Act” – commonly called the Right-to-Work bill – and eliminated the requirement that state contractors...more

3/2/2016 - Davis-Bacon Act Governor Vetoes Minimum Wage NLRA Prevailing Wages Public Projects Right to Work State Contractors Taft-Hartley Act Unions Wage and Hour

SuperVision Today - March 2016

Notes from the Chair and Executive Editor - Welcome to 2016's first edition of SuperVision Today, the enewsletter from Spilman Thomas & Battle's Labor & Employment Group. Our clients in West Virginia certainly are...more

3/1/2016 - De-Identified Protected Health Information Discovery Diversity Gender Equity HIPAA Pending Legislation Right to Work Wage and Hour

SuperVision Today - November 2015

Notes from the Chair and Executive Editor - Welcome to the fourth quarter edition of SuperVision Today, Spilman's labor and employment law e-newsletter. With the calendars getting ready to roll over to 2016, the New Year...more

11/19/2015 - DOL Joint Employers Military Service Members NLRB Safety Inspections Sick Pay Unions Veterans

SuperVision Today - August 2015

Notes from the Chair and Executive Editor - Welcome to the third quarter edition of SuperVision Today, the quarterly e-newsletter published by Spilman's Labor & Employment Group... ...In this edition of SuperVision...more

8/25/2015 - Affordable Care Act Dodd-Frank DOL Exempt-Employees FLSA Independent Contractors Minimum Salary Misclassification Non-Exempt Employees Over-Time Reporting Requirements Retaliation SEC Title VII Wage and Hour Whistleblowers

DOL Announces Proposal to Require Overtime Compensation for Millions More Employees

Exemption May Require Salary of Over $50,000 - The United States Department of Labor (“DOL”) is proposing a significant increase to the salary employers must pay many employees in order to “exempt” them from overtime,...more

6/30/2015 - DOL Exempt-Employees FLSA NPRM White-Collar Exemptions

SuperVision Today - May 2015

In This Issue: - Notes from the Chair and Executive Editor - The Fourth Circuit Asks What For, Answers with But For: The Determination that a Landmark United States Supreme Court Decision Does Not Change Employment...more

6/1/2015 - ADA But For Causation Conciliation EEOC Employment Discrimination FCRA HIPAA LinkedIn Mach Mining v EEOC McDonnell Douglas Formula Retaliation SCOTUS Social Media Title VII Unpaid Interns Wellness Programs

Testing, testing....EEOC Starts Its New Digital Charge Program

Employers in the Carolinas are part of an Equal Employment Opportunity Commission (“EEOC”) test program designed to “streamline” the employment discrimination charge process. As of May 1st, the EEOC’s field offices in...more

5/5/2015 - Discrimination EEOC Federal Pilot Programs Required Forms

West Virginia Amends Wage Payment Act to Ease Burdens on Employers

The West Virginia Legislature has brought West Virginia more in line with its neighbors in regulating how employers must pay former employees upon the employee’s departure. Historically, West Virginia has imposed different...more

4/3/2015 - DOL Fringe Benefits Hiring & Firing Late Payments Lay-Offs Prompt Payment Wage and Hour Wage Payment and Collection Act

SuperVision Today - February 2015

In this edition of SuperVision Today, Carrie Harris examines how a recent Fourth Circuit decision on the scope of harassment could apply to you, Milind Dongre reviews a recent United States Supreme Court decision regarding...more

2/27/2015

Mach Mining and the Future of the EEOC’s Duty to Conciliate in Good-Faith Prior to Civil Litigation

Last year, individuals filed over 100,000 charges of Title VII violations with the Equal Employment Opportunity Commission (“EEOC” or “Commission”), thousands of which the EEOC has—and continues—to aggressively investigate...more

1/27/2015 - Conciliation EEOC Enforcement Actions Good Faith Mach Mining v EEOC

ALERT: Email Error - National Labor Relations Board Allows Use of Employer Email for Union Organizing

In a dramatic reversal, the National Labor Relations Board (the “Board”) today ruled that employers may not restrict employees from using the employer’s email to communicate with fellow employees about union matters, or other...more

12/12/2014 - Email NLRB Protected Concerted Activity Purple Communications Unions

SuperVision Today - November 2014

Notes from the Chair and Executive Editor - Welcome to the fourth quarter edition of SuperVision Today, the quarterly e-newsletter published by Spilman's Labor & Employment Group. With the election results in,...more

11/21/2014 - Affordable Care Act EEOC Employer Mandates Independent Contractors OSHA Wage and Hour

SuperVision Today - August 2014

In This Issue: - Recent Developments for Federal Contractors - The Fate of Obamacare Premium Tax Credits - Sexual Orientation and Gender Identity the Next Protected Class? - EEOC Ratchets Up Focus on Pregnancy...more

8/18/2014 - Affordable Care Act EEOC Employee Rights Federal Contractors Gender Identity Pregnancy Pregnancy Discrimination Protected Class Sexual Orientation Discrimination Tax Credits

SuperVision Today - May 2014

Notes from the Chair and Executive Editor - Welcome to the second quarter edition of SuperVision Today, the quarterly e-newsletter published by Spilman's Labor & Employment Group. Readers of this newsletter are invited...more

5/23/2014 - Employer Liability Issues Employer Mandates Exempt-Employees Minimum Wage NLRB Unpaid Overtime Wage and Hour

SuperVision Today - February 2014

Notes from the Chair and Executive Editor - The year 2014 marks Spilman Thomas & Battle's 150th anniversary. While we pause to reflect on our first 150 years, we are also looking forward to how we will create our next...more

2/20/2014 - Compliance Employee Benefits Employee Rights Legislative Agendas

Tackling Class Actions Before They Start

Courts continue to make it easier for employers to adopt arbitration agreements and class action waivers. In our most recent edition of SuperVision Today, we mentioned recent rulings from National Labor Relations Board...more

12/10/2013 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers D.R. Horton NLRA NLRB

Putting the Pieces Together: How the ACA Impacts Health Reimbursement and Flexible Spending Arrangements

Employers responding to the market reforms contained in the Affordable Care Act (“ACA,” also referred to as ObamaCare) are trying to grasp how it treats some current arrangements, such as health reimbursement arrangements...more

11/26/2013 - Affordable Care Act Flexible Spending Accounts Healthcare Reimbursements

SuperVision Today: 4th Quarter 2013

In This Issue: - Federal Contractors Should be Planning Ahead for the New Section 503 and VEVRAA Rules - Putting the Pieces Together: How the ACA Impacts Health Reimbursement and Flexible Spending...more

11/22/2013 - Affordable Care Act Class Action Contractors Discrimination DOL ENDA Flexible Spending Accounts FLSA Healthcare Healthcare Reform Mortgages NLRB Pay or Play Reimbursements Sexual Orientation Discrimination Waivers

SuperVision Today - 3rd Quarter 2013

Notes from the Chair & Executive Editor - Welcome to the third-quarter edition of SuperVision Today, Spilman Thomas & Battle's labor and employment e-newsletter. We are very excited about the recently launched Spilman...more

9/4/2013 - Affordable Care Act American Express v Italian Colors Restaurant Class Action Class Action Arbitration Waivers Compliance HIPAA Oxford Health v Sutter Performance Reviews SCOTUS

Spilman Alert: ACA "Pay-or-Play" Mandate Delayed

Enforcement of the Affordable Care Act's "Pay-or-Play" mandate is being delayed one year, to 2015, according to the United States Treasury Department. The mandate requires businesses to provide health insurance to all...more

7/5/2013 - Affordable Care Act Delays Employer Mandates Healthcare Marketplace Notice Pay or Play Shared Responsibility Rule Tax Penalties U.S. Treasury

SuperVision Today - 2nd Quarter 2013

In This Issue: - Notes from the Chair & Executive Editor - The Board Plays On: The NLRB Clarifies Its Position on At-Will Disclaimers - Interns This Summer? Evaluating Your Unpaid Internship Programs...more

5/16/2013 - FLSA Hiring & Firing NLRB Rule 68 Unpaid Interns Wage and Hour

Taking a Look at the Latest on Affordable Care Act

Employers nationally continue to struggle with how to respond and adapt to the ever-changing landscape that is the Patient Protection and Affordable Care Act (often known as ObamaCare or the ACA). We at Spilman Thomas &...more

2/27/2013 - ADA Affordable Care Act DOL GINA Wellness Programs

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