Welcome to the fourth quarter edition of SuperVision, the e-newsletter from Spilman Thomas & Battle's Labor & Employment Law Group.

Just as we were going to press, the National Labor Relations Board ("NLRB") issued two major reversals of prior holdings. One reversed a decision allowing employees to use the employer's e-mail system during non-working hours to engage in Section 7 protected discussions regarding wages, hours of work, working conditions, union issues and other terms and conditions of employment. And then, the NLRB announced another change: investigative confidentiality rules are, once again, lawful, at least where the confidentiality rules apply for the duration of any investigation. Kevin Carr takes a longer look at each of these rulings.

As the calendar turns to a new year, this is a great opportunity to plan for 2020, including a full review of job policies and handbooks for compliance. It is also a great time to plan for a wage audit, especially considering the increase in the salary basis for white collar professionals. In addition to adjusting salaries, why not confirm that the employees you are treating as exempt meet the duties....

...In this edition of SuperVision, Mitch Rhein examines the latest from the NLRB on vulgar speech, Chelsea Thompson explains that the Supreme Court of Appeals of West Virginia has narrowed the self-defense public policy exception it created a few years back. For our folks with facilities in Pennsylvania, Pete Rich details the latest in the fight over modernizing overtime and minimum wages laws in that state. And, Carrie Grundmann explores how a change in Virginia legal procedure may change how quickly cases can be resolved in that state.

As always, thank you for reading and we look forward to working with you in 2020.