Welcome to our fifth issue of 2024 for our construction industry insights e-newsletter - The Site Report.
In our Ask the Attorney segment at the bottom of this e-newsletter, we tap Jonathan Deasy, Senior Attorney in our...more
5/22/2024
/ Artificial Intelligence ,
Carbon Emissions ,
Climate Change ,
Code of Federal Regulations (CFR) ,
Construction Contracts ,
Construction Industry ,
Construction Project ,
Contractors ,
Critical Infrastructure Sectors ,
Cyber Attacks ,
Cybersecurity ,
DBE Program ,
Drones ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
NEPA ,
Non-Compete Agreements ,
Non-Employees ,
OSHA ,
Privacy Laws ,
Regulatory Reform ,
Regulatory Requirements ,
SBA ,
State and Local Government ,
Technology
MIT Report Details New Cybersecurity Risks -
“Cloud misconfigurations, more sophisticated ransomware, and vendor exploitation attacks are contributing to rising cyberattacks.”
Why this is important: Worldwide spending...more
5/14/2024
/ Artificial Intelligence ,
Biometric Information ,
Biotechnology ,
Breach Notification Rule ,
Copyright ,
Critical Infrastructure Sectors ,
Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Data Protection ,
Employees ,
Employer Liability Issues ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
GAO ,
Hackers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Innovative Technology ,
Intellectual Property Protection ,
Life Sciences ,
Machine Learning ,
NATO ,
NIST ,
Non-Compete Agreements ,
Personal Data ,
Policies and Procedures ,
Privacy Laws ,
Regulatory Requirements ,
Restrictive Covenants ,
State Privacy Laws ,
Technology Sector ,
Unfair Competition
Welcome to the fourth issue of The Academic Advisor for 2024.
We begin this edition with discussion of Title IX of the Education Amendments of 1972. On April 19, 2024, the U.S. Department of Education released its...more
5/2/2024
/ Artificial Intelligence ,
Censorship ,
College Athletes ,
Colleges ,
Concealed Weapons ,
Department of Labor (DOL) ,
Educational Institutions ,
Equal Employment Opportunity Commission (EEOC) ,
Final Rules ,
Governor DeSantis ,
New Regulations ,
Over-Time ,
Pregnant Workers Fairness Act ,
Salary/Wage History ,
School Districts ,
School Sports ,
Sex Discrimination ,
Sexual Harassment ,
State and Local Government ,
Students ,
Title IX ,
Title IX Coordinator ,
Training ,
Transgender ,
Universities ,
Virginia ,
West Virginia v BPJ
It has been said that if you wait long enough, everything comes back into fashion. This saying is true even for the U.S. Department of Labor (DOL), where on March 11, 2024, the DOL reverted back to the multifactor,...more
The U.S. Department of Labor (DOL) announced April 23, 2024 it will increase the minimum annual salary that is required to make certain white-collar employees to be eligible for overtime (often referred to as the executive,...more
4/25/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Highly Compensated Employees ,
Labor Regulations ,
Minimum Salary ,
Over-Time ,
Regulatory Requirements ,
Salaried Employees ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
Welcome to our first SuperVision e-newsletter of 2024. Although we are only four months into 2024, it has already been an incredibly active year on the labor and employment front. On Wednesday, the Federal Trade Commission...more
4/25/2024
/ Classification ,
Department of Labor (DOL) ,
Employee Definition ,
Employee Transfers ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Independent Contractors ,
Minimum Salary ,
Muldrow v City of St Louis ,
Non-Compete Agreements ,
OSHA ,
Pregnant Workers Fairness Act ,
SCOTUS ,
Wage and Hour
On April 23, the Federal Trade Commission (FTC) approved on a split vote a proposed rule that bans virtually all employment noncompetition agreements nationwide. The rule was first proposed in 2023 and is scheduled to go into...more
4/24/2024
/ Employees ,
Employer Liability Issues ,
Employment Contract ,
Exemptions ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Proposed Rules ,
Restrictive Covenants ,
Unfair Competition
This past year has brought with it expanded employment protections for new and expectant working mothers. These protections, in the form of two federal laws, alter the landscape for how employers can consider the needs of...more
12/21/2023
/ Americans with Disabilities Act (ADA) ,
Breastfeeding ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Labor Reform ,
Lactation Accommodation ,
Pregnancy ,
Pregnancy Discrimination ,
Pregnant Workers Fairness Act ,
Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) ,
Reasonable Accommodation ,
Title VII
Attacks on Non-Disclosure, Confidentiality, and Non-Compete Agreements in 2023 -
On several fronts in 2023, we saw federal agencies and entities attacking the scope and enforceability of certain employment agreements,...more
12/21/2023
/ Confidentiality Agreements ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Groff v DeJoy ,
Harassment ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
NLRB ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
OSHA ,
Pregnancy ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation ,
Regulatory Agenda ,
Religious Accommodation ,
SCOTUS ,
State Labor Laws ,
Title VII
In this fourth and final issue of SuperVision for 2022, we asked our Spilman Team to highlight some of the big labor and employment developments from 2022 and to preview issues they expect to see in 2023. Consider this our...more
12/15/2022
/ Collective Bargaining ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Marijuana ,
Pay Transparency ,
PHRA ,
Remote Working ,
Unions ,
Workplace Safety ,
Workplace Violence ,
Workplace Violence Prevention Programs
Most employers know their employee handbooks need to be living documents that are reviewed and updated when conditions change. If any employer doubted the need for doing this, the past two years should have convinced them...more
The NLRB Proposes to Re-Re-Revise Its Joint Employer Standard -
On September 6, 2022, the National Labor Relations Board issued a notice of proposed rulemaking regarding the standard for determining joint employer status...more
9/9/2022
/ Anti-Harassment Policies ,
Employee Benefits ,
Employee Handbooks ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Franchises ,
Gender Dysphoria ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Remote Working ,
Reproductive Healthcare Issues ,
Unions
Late yesterday, the United States Senate approved a bill that will ban employers from requiring employees to settle sexual harassment and sexual assault claims in arbitration without the option of filing a civil lawsuit. The...more
OSHA’s long-anticipated (as we have previously discussed) COVID-19 Emergency Temporary Standard ("ETS") is out and, as promised, it will require companies with at least 100 employees – across all facilities – to either...more
The Biden administration is instructing the Department of Labor’s Occupational Safety and Health Administration (OSHA) to develop a rule that will require all employers with 100 or more employees to ensure their workforce is...more
President Biden is putting nursing homes on notice that all of their employees will need to be vaccinated against COVID-19, if the homes intend to continue participating in Medicare or Medicaid. The administration has...more
8/19/2021
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Elder Care ,
Health Care Providers ,
Infectious Diseases ,
Long Term Care Facilities ,
Long-Term Care ,
Nursing Homes ,
Proposed Regulation ,
Title VII ,
Vaccinations
For years, West Virginia businesses have had to consider varying standards for determining whether a worker is considered an employee or an independent contractor by state agencies. The West Virginia Legislature has attempted...more
Welcome to this seventh issue of the 2021 edition of Unprecedented. There is a lot of good news around the COVID-19 pandemic. Easter weekend saw the United States mark another vaccination milestone, with 4 million doses...more
As part of the recently enacted American Rescue Plan Act of 2021 (“ARP”), certain COBRA eligible individuals are eligible for temporary premium subsidies April 1 to September 30, 2021. These subsidies will cover 100 percent...more
The Families First Coronavirus Relief Act ("FFCRA") that mandated two weeks of paid sick leave for COVID-19 reasons – and extended the FMLA by protecting leave relating to the need for child care because of COVID-19 – expired...more
We are pleased to bring you our first SuperVision issue of the year. 2021 is anticipated to be a year of changes -- from a new presidential administration to a new phase of COVID-19 and vaccines -- and we are embracing that...more
The Families First Coronavirus Relief Act ("FFCRA") was passed by Congress this spring to mandate two weeks of paid sick leave for COVID-19 reasons and to extend the FMLA by creating a new reason for FMLA leave relating to...more
With the release of new COVID-19 vaccines comes hopes of a return to "normalcy" and new concerns for how to protect your workforce. Can you make vaccines mandatory for your employees? If so, what considerations must you take...more
As President-elect Joe Biden begins to transition into the Oval Office, employers cannot help but look ahead to what the next four years may hold. Although a Biden administration may be limited in what it wants to do because...more
What Can We Expect from a Biden Administration?
As President-elect Joe Biden begins to transition into the Oval Office, employers cannot help but look ahead to what the next four years may hold. Although a Biden...more