On June 28, 2024, the United States Supreme Court decided Loper Bright Enterprises v. Raimondo (Loper), overturning and eliminating the Chevron doctrineor Chevron deference, a legal principle established by a 1984 decision of...more
8/6/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Government Agencies ,
Loper Bright Enterprises v Raimondo ,
Regulatory Reform ,
SCOTUS ,
Statutory Interpretation
Welcome to the Summer issue of SuperVision, our labor and employment e-newsletter. We continue to see substantial activity and legal developments impacting employers. In this edition, we cover Artificial Intelligence,...more
8/1/2024
/ Artificial Intelligence ,
Chevron Deference ,
Chevron v NRDC ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Final Rules ,
Government Agencies ,
Human Resources Professionals ,
Machine Learning ,
Minimum Wage ,
Over-Time ,
Regulatory Agenda ,
Statutory Interpretation ,
Threshold Requirements ,
Wage & Hour Division (WHD) ,
Wage and Hour ,
Workplace Investigations
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
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 Tuesday, January 9, 2024, the Department of Labor (“DOL”) announced its final rule on independent contractors under the Fair Labor Standards Act (“FLSA”). This final rule will be important to entities, including...more
We are excited to kick off 2024 with more in-depth insights into the construction industry and legal issues that can impact your business. Our goal is to provide the most up-to-date information along with our thoughts and...more
1/10/2024
/ Biden Administration ,
Child Labor ,
Construction Industry ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Florida ,
Hiring & Firing ,
Independent Contractors ,
OSHA ,
Project Labor Agreements ,
Regulatory Mandates ,
Reporting Requirements ,
State and Local Government ,
Wage and Hour ,
Workplace Safety
New Business Reporting Obligations for Employers: Beneficial Ownership Information Under the Corporate Transparency Act -
Effective January 1, 2024, most legal entities incorporated, organized, or registered to do business...more
10/3/2023
/ Beneficial Owner ,
Business Entities ,
Corporate Transparency Act ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Policies ,
Intentional Torts ,
Legislative Agendas ,
Minimum Wage ,
New Legislation ,
NLRA ,
NLRB ,
OSHA ,
Over-Time ,
Policies and Procedures ,
Regulatory Agenda ,
Reporting Requirements ,
State Labor Laws ,
Unions ,
Workplace Safety
GOP Attorneys General Sue Labor Department Over ESG Rule -
“GOP senators, joined by Manchin, oppose the new rule, which gives asset managers more freedom.”
Why this is important: The article describes reaction to...more
2/10/2023
/ Australia ,
Carbon Emissions ,
Coal ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Energy Sector ,
Environmental Social & Governance (ESG) ,
EU ,
Fossil Fuel ,
India ,
North Carolina ,
Offshore Wind ,
Russia ,
Trade Restrictions ,
Virginia
The Supreme Court’s EPA Ruling is a Big Setback for Fighting Climate Change, but Not a Death Knell
"The ruling opens the door to more litigation, however, which could help the fossil fuel industry delay moves to...more
7/11/2022
/ Clean Air Act ,
Clean Power Plan ,
Department of Labor (DOL) ,
Energy Efficiency ,
Environmental Protection Agency (EPA) ,
FERC ,
Greenhouse Gas Emissions ,
Mine Safety and Health Administration (MSHA) ,
Oil & Gas ,
SCOTUS ,
West Virginia v EPA
The Impact of "Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021" on Employer's Arbitration Provisions -
On March 3, 2022, President Biden signed into law H.R. 4445, “Ending Forced Arbitration...more
4/1/2022
/ Americans with Disabilities Act (ADA) ,
Arbitration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Discrimination ,
Federal Arbitration Act ,
Mandatory Arbitration Clauses ,
Paternity Leave ,
Sexual Assault ,
Sexual Harassment
Questions concerning how to pay employees in tipped occupations have plagued employers for years. Tipped employees that perform duties that are not sufficiently related to their tipped occupation must be paid at least the...more
[co-author: Kelsie Wiltse]
Welcome to our third issue of the 2021 edition of SuperVision. It is no surprise that the ongoing COVID-19 pandemic is still causing issues -- and that certainly includes issues for employers....more
8/6/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Policies ,
Infectious Diseases ,
NLRB ,
Unions ,
Vaccinations ,
Wage and Hour ,
Workers' Compensation Claim ,
Workplace Safety
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
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
The Editors' Note -
Welcome to this edition of SuperVision, the e-newsletter for Spilman Thomas & Battle's Labor & Employment Law Group. 2020 continues to bring unforeseen challenges, but employers are beginning to get back...more
9/5/2020
/ Appeals ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Emergency Rule ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Final Rules ,
Harassment ,
Lack of Authority ,
New Guidance ,
NLRA ,
NLRB ,
Notice of Right to Sue ,
Paid Leave ,
Protected Activity ,
Quarantine ,
Remote Learning ,
Section 7 ,
State OSHA Laws ,
Traveling Employee ,
Virginia ,
Workplace Safety
The Editor's Note -
...In this edition of SuperVision, Carrie Grundmann discusses EEO1 requirements, Mitch Rhein discusses the DOL's latest on the virtual marketplace, and Chelsea Thompson explains a recent United States...more
6/17/2019
/ Affirmative Defenses ,
Appeals ,
Department of Labor (DOL) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Fort Bend County Texas v Davis ,
Independent Contractors ,
Pay Data ,
SCOTUS ,
Title VII ,
Virtual Marketplace Companies (VMCs) ,
Waivers
Last week, the Department of Labor ("DOL") announced new proposed revisions to the Overtime Rule. This is not the first time in recent years that revisions have been proposed to the so-called “white collar exemptions”...more
3/15/2019
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Highly Compensated Employees ,
Inflation Adjustments ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Proposed Rules ,
Public Comment ,
Rulemaking Process ,
Wage and Hour ,
White-Collar Exemptions
The Editor's Note -
Welcome to 2019's first edition of SuperVision, the e-newsletter from Spilman Thomas & Battle's Labor & Employment Law Group...
...In this edition of SuperVision, Carrie Grundmann explains a recent...more
3/14/2019
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Department of Labor (DOL) ,
Disability Discrimination ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Independent Contractors ,
Minimum Salary ,
NLRA ,
NLRB ,
Proposed Rules ,
Reversal ,
Sexual Harassment ,
Wellness Programs ,
White-Collar Exemptions ,
Workplace Communication
On March 7, 2019, the Department of Labor (DOL) announced new proposed revisions to the Overtime Rule. This is not the first time in recent years revisions have been proposed to the so-called "white collar exemptions"...more
3/8/2019
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Non-Exempt Employees ,
Obama Administration ,
Over-Time ,
Public Comment ,
Rulemaking Process ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
Yesterday, November 22, 2016, a Texas federal judge entered a nationwide injunction blocking the Department of Labor's revisions to the overtime rule -- mainly the increase in the salary basis -- that was set to go into...more
A number of employment-related developments are likely to impact the construction industry. This article is intended to briefly summarize some of these developments....more
11/10/2016
/ Administrative Interpretation ,
Construction Industry ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Independent Contractors ,
Joint Employers ,
Labor Regulations ,
Minimum Salary ,
Misclassification ,
Non-Exempt Employees ,
Over-Time ,
Public Works ,
Sick Pay ,
Strategic Enforcement Plan ,
White-Collar Exemptions
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 ,
Department of Labor (DOL) ,
Employee Privacy Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Internet Privacy ,
LGBTQ ,
Over-Time ,
Retaliation ,
Sex Discrimination ,
Social Media Policy ,
Title VII ,
Transgender ,
Wage and Hour ,
White-Collar Exemptions
This time every year, employers across the country welcome student interns into their workforce in droves. Internships are mutually beneficial relationships: the intern receives real-world, practical experience and the...more