In accordance with the CDC’s guidance on social distancing, more and more companies are increasing the number of employees working from home. As the number of employees working from home increases, so do the related cyber...more
3/22/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Data Protection ,
Employer Liability Issues ,
Hackers ,
Phishing Scams ,
Remote Working ,
Risk Management ,
Scams ,
Telecommuting
As part of Spilman's and our COVID-19 Task Force's continuing effort to partner with you during this public health emergency, we’ve been monitoring Congress’ work on the Families First Coronavirus Response Act ("Act"). This...more
3/19/2020
/ Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Free Health-Related Services ,
New Legislation ,
Public Health Emergency ,
Sick Leave ,
Sick Pay ,
State of Emergency ,
Unemployment Benefits ,
Virus Testing
As part of Spilman’s COVID-19 Task Force, we wanted to answer the pressing questions of many employers during this growing pandemic. Employers should consider implementing strategies and policy changes to reduce the risk of...more
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...more
12/18/2019
/ Appeals ,
Confidentiality Policies ,
Email Policies ,
Employee Privacy Rights ,
Governor Wolf ,
Internal Investigations ,
Minimum Wage ,
NLRA ,
NLRB ,
Over-Time ,
Profanity ,
Public Comment ,
Public Policy ,
Racist Remarks ,
Rules of Civil Procedure ,
Self-Defense ,
Sexual Harassment ,
Summary Judgment ,
Title VII ,
Workplace Communication ,
Workplace Investigations
The Department of Labor (“DOL”) has revised its Overtime Rule that updates the earnings thresholds necessary to exempt executive, administrative and professional employees from the Fair Labor Standards Act’s (“FLSA”) minimum...more
10/16/2019
/ Bonuses ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Incentive Compensation ,
Minimum Salary ,
Misclassification ,
New Rules ,
Non-Exempt Employees ,
Over-Time ,
Salaried Employees ,
Sales Commissions ,
Wage and Hour ,
White-Collar Exemptions
Welcome to the third quarter edition of SuperVision, the e-newsletter for Spilman Thomas & Battle's Labor & Employment Practice Group....in this edition of SuperVision, and in case you missed the e-blast we sent out the day...more
10/11/2019
/ Background Checks ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Credit Reporting Act (FCRA) ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Individualized Education Programs (IEPs) ,
Minimum Salary ,
Over-Time ,
Risk Mitigation ,
Wage and Hour ,
White-Collar Exemptions
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
...In this edition of SuperVision, Chelsea Thompson explores new developments from the National Labor Relations Board regarding handbook policies and whether or not they comply with the National Labor Relations Act. Sarah...more
9/17/2018
/ Criminal Convictions ,
Department of Labor (DOL) ,
Disability Benefits ,
Employee Handbooks ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
NLRA ,
NLRB ,
Reimbursements ,
Workers' Compensation Claim
...In this issue, Mitch Rhein examines the Supreme Court decision permitting class action waivers, Spencer Cook looks at a recent decision that warns employers to be careful about asking for past pay rates, Chelsea Thompson...more
6/13/2018
/ Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Department of Labor (DOL) ,
Document Retention Policies ,
Employment Contract ,
Employment Discrimination ,
Epic Systems Corp v Lewis ,
Equal Pay Act ,
Family and Medical Leave Act (FMLA) ,
Federal Arbitration Act ,
Hiring & Firing ,
Job Applicants ,
NLRA ,
NLRB ,
Recruitment Policies ,
Required Forms ,
Salary/Wage History ,
SCOTUS
The Supreme Court of the United States today greatly enhanced employers' ability to restrict their employees' ability to bring class actions against them. In Epic Systems v. Lewis, the Court, in a 5-4 decision, combined three...more
5/22/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
NLRA ,
NLRB ,
SCOTUS
This year’s regular session of the West Virginia legislature simultaneously granted employers more rights while taking some away.
The Giveth -
First, the good news. Employers in West Virginia may now withhold from an...more
In this issue of SuperVision, Spencer Cook examines one of the offshoots of the #MeToo movement--the tax ramifications of settling harassment lawsuits. Mitch Rhein explores a recent Supreme Court decision redefining the...more
4/5/2018
/ #MeToo ,
Amended Legislation ,
Automotive Industry ,
Car Dealerships ,
Deductible Expenses ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Guns-in-Trunks Legislation ,
Navarro v Encino Motorcars ,
Over-Time ,
Salespersons ,
SCOTUS ,
Sexual Harassment ,
State Legislatures ,
Tax Cuts and Jobs Act ,
Wage and Hour ,
Wage Withholding
Peter B. Robb took over as General Counsel of the National Labor Relations Board ("Board") on November 17, 2017, and soon after issued an official memorandum signaling his intention to reexamine Board precedent from the prior...more
12/22/2017
/ Cameras ,
Employee Handbooks ,
Joint Employers ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Precedential Opinion ,
Protected Activity ,
Rescission ,
Reversal ,
Standard of Review ,
Trump Administration
The Editors' Note -
Welcome to the fourth quarter edition of SuperVision, the quarterly e-newsletter published by Spilman's Labor & Employment Group.
With the recent headlines dominated by stories of individuals coming...more
12/20/2017
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Employee Handbooks ,
Employment Policies ,
Flu Shot Rule ,
Joint Employers ,
NLRB ,
Public Accommodation ,
Religious Exemption ,
Sexual Harassment ,
Title III ,
Trump Administration ,
Vaccinations ,
Website Accessibility
...This issue of SuperVision is dedicated to questions our friends and clients may have regarding insurance and benefit topics. While not a common part of the Labor & Employment field, Spilman prides itself on having...more
9/18/2017
/ Affordable Care Act ,
Audits ,
Benefit Plan Sponsors ,
Centers for Medicare & Medicaid Services (CMS) ,
Employee Retirement Income Security Act (ERISA) ,
Home Health Agencies ,
Managed Care Contracts ,
Physician Medicare Reimbursements ,
Plan Documents ,
Provider Payments ,
Record Retention ,
Right to Work
Editor's Note -
Welcome to the second quarter edition of SuperVision, the e-newsletter of Spilman Thomas & Battle's Labor & Employment Group. The look of SuperVision may have changed, but the goal remains the same: to...more
6/9/2017
/ Class Action Arbitration Waivers ,
Department of Labor (DOL) ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Interpretive Opinions ,
Joint Employers ,
Legislative Agendas ,
Medical Marijuana ,
Migrant and Seasonal Agricultural Worker Protection Act (MSPA) ,
Misclassification ,
NLRA ,
NLRB ,
Secretary of Labor ,
Sexual Orientation Discrimination ,
Workplace Safety
Notes from the Chair and Executive Editor -
Welcome to the final edition of SuperVision Today for 2016. The topic that has consumed the time and interest of many human resource professionals in recent days has been the...more
12/15/2016
/ Appeals ,
Breach of Duty ,
Department of Labor (DOL) ,
Federal Contractors ,
Forfeiture ,
Medical Marijuana ,
Minimum Salary ,
OSHA ,
Over-Time ,
Paid Leave ,
Preliminary Injunctions ,
Rulemaking Process ,
Sick Leave ,
Stock Options ,
White-Collar Exemptions
In this edition of SuperVision Today, Carrie Harris offers timely advice in this election season for employers who are dealing with divisive non-work issues in the workplace. Mitch Rhein explains the upcoming changes to the...more
10/13/2016
/ EEO-1 ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
NLRB ,
Pay Discrimination ,
Payroll Records ,
Political Speech ,
Presidential Elections ,
Reporting Requirements ,
Student Employees ,
Teaching Assistants ,
Wage and Hour ,
Workplace Communication
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
Salary basis adjusted down from the proposed rule, but still much higher than current rule.
New requirement goes into effect December 1, 2016.
The Department of Labor (“DOL”) has slightly modified its proposed rule...more
Less than a month ago, the West Virginia Legislature overrode the veto of Governor Tomblin to enact the “Workplace Freedom Act” – commonly called the Right-to-Work bill – and eliminated the requirement that state contractors...more
3/2/2016
/ Davis-Bacon Act ,
Governor Vetoes ,
Minimum Wage ,
NLRA ,
Prevailing Wages ,
Public Projects ,
Right to Work ,
State Contractors ,
Taft-Hartley Act ,
Unions ,
Wage and Hour
Notes from the Chair and Executive Editor -
Welcome to 2016's first edition of SuperVision Today, the enewsletter from Spilman Thomas & Battle's Labor & Employment Group.
Our clients in West Virginia certainly are...more
Notes from the Chair and Executive Editor -
Welcome to the fourth quarter edition of SuperVision Today, Spilman's labor and employment law e-newsletter. With the calendars getting ready to roll over to 2016, the New Year...more