SuperVision Today - 1st Quarter 2013

In This Issue:

- Notes from the Chair & Executive Editor

- Immigration Reform May Affect All Employers

- Primer on West Virginia State Law Labor and Employment Claims?

- Taking a Look at the Latest on Affordable Care Act

- How to Survive the Department of Labor's Wage and Hour Enforcement

- Excerpt from Notes from the Chair & Executive Editor:

The Labor and Employment Group of Spilman Thomas &Battle would like to welcome you to our first newsletter for 2013. Before we say anything else, we have to ask: Have you updated your FMLA poster? Starting March 7, 2013, you need to be using the latest version that adopts the latest tweaks to the regulations implementing the Family and Medical Leave Act. Those changes will mainly:

- Make clear that veterans who may be entitled to military caregiving leave must have been discharged or released under conditions other than dishonorable within five years of when the leave begins;

- Create a more flexible definition for serious injury or illness of a covered veteran;

- Permit certification of a servicemember's serious injury or illness from any health care provider and not just those affiliated with the DOD, VA, or TRICARE networks;

- Extend qualifying exigency leave to eligible employees whoare family members of members of the Regular Armed Forces;

- Increase the amount of time an employee may take for qualifying exigency leave related to the military member's Restand Recuperation (R&R) leave from five days to up to fifteen days;

- Provide for qualifying exigency leave for parental care leave to provide care necessitated by the covered active duty of the military member for the military member's parent who is incapable of self-care; and

- Create a unique method of calculation of leave for airline flight crew employees.

If you need a copy of this poster, please contact our nearest office, or get it at the Department of Labor's website.

As you plan ahead for 2013, please keep in mind that we will conduct SuperVision symposia at three different locations this year: Pittsburgh in the spring; Charleston, West Virginia for our full symposium in mid-to-late June and Roanoke, Virginia in the fall. We will distribute more information about these conferences as details become available.

In this edition of Supervision Today, we take a look at a few topics in the ever-changing world of Affordable Care Act compliance, and will feature an article on the Act in each edition of SuperVision Today this year. Also in this issue, Larissa Dean explores recent concerns in immigration law; Carl Hellerstedt offers some timely wage and hour good advice and Pete Rich discusses a recent case regarding the West Virginia Wage Payment and Collection Act and what employers should do in response.

Please see full newsletter below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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