Gordon Mowen

Gordon Mowen

Spilman Thomas & Battle, PLLC

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Retaliation Litigation on the Rise: The SEC’s Broadening Interpretation of Dodd-Frank’s Whistleblower Provisions

The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Act”) instituted sweeping changes to the financial sector of American industry. In addition to increased federal oversight, the Act implemented a...more

8/27/2015 - Anti-Retaliation Provisions Dodd-Frank Internal Reporting Retaliation Sarbanes-Oxley SEC Whistleblower Protection Policies

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

The Supreme Court Holds the EEOC’s Feet to the Fire, but Not That Closely: The Court in Mach Mining Affirms the EEOC’s Obligation...

Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e, et seq., requires that the Equal Employment Opportunity Commission (“EEOC”) engage in informal conciliation efforts after it finds reasonable cause to support a...more

6/15/2015 - Affidavits Conciliation EEOC Employment Discrimination Good Faith Judicial Review Mach Mining v EEOC SCOTUS Title VII

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

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

Waiting for the Dust to Settle: Mach Mining and the Future of the EEOC's Duty to Conciliate in Good-Faith Prior to Civil...

In 2013, individuals filed more than 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...more

11/24/2014 - Conciliation EEOC Employer Liability Issues Mach Mining v EEOC Title VII

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

“Waive” Goodbye to Employer Liability Under the ADA for Voluntary Accommodations of Essential Job Functions

An employer faces a difficult situation when a temporarily disabled employee who cannot perform his or her essential job functions requests an accommodation. This situation becomes significantly more complicated when the...more

5/27/2014 - ADA Adverse Employment Action Employee Rights Employer Liability Issues Essential Functions Hiring & Firing Reasonable Accommodation Termination

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

On Equal Footing: Fourth Circuit Disables Temporary vs. Permanent Distinction Under the ADA

Last month, the United States Court of Appeals for the Fourth Circuit held that a “sufficiently severe” temporary impairment may constitute a disability under the American Disabilities Act (“ADA”). Summers v. Altarum Inst.,...more

2/27/2014 - ADA Disability Temporary Disability Insurance

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

Mortgage Loan Officers: Likely Exempt Under the Fair Labor Standards Act . . . For Now

This past July, the United States Court of Appeals for the District of Columbia (“D.C. Circuit”) vacated a 2010 Department of Labor (“DOL”) Interpretation Letter that concluded employees who perform the “typical” job duties...more

12/2/2013 - Compensation & Benefits FLSA Mortgage Loan Originators

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

New West Virginia Case Finds an Injury at Work Not a Result of Employment

Morton v. West Virginia Office of Ins. Com’r, 2013 WL 5508553, -- S.E.2d ---- (Oct. 4, 2013) (per curiam). Affirming Workers’ Compensation Board of Review’s denial of compensability. In Morton, the claimant injured her...more

11/14/2013 - Scope of Work Workplace Injury

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