MIT Report Details New Cybersecurity Risks -
“Cloud misconfigurations, more sophisticated ransomware, and vendor exploitation attacks are contributing to rising cyberattacks.”
Why this is important: Worldwide spending...more
5/14/2024
/ Artificial Intelligence ,
Biometric Information ,
Biotechnology ,
Breach Notification Rule ,
Copyright ,
Critical Infrastructure Sectors ,
Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Data Protection ,
Employees ,
Employer Liability Issues ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
GAO ,
Hackers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Innovative Technology ,
Intellectual Property Protection ,
Life Sciences ,
Machine Learning ,
NATO ,
NIST ,
Non-Compete Agreements ,
Personal Data ,
Policies and Procedures ,
Privacy Laws ,
Regulatory Requirements ,
Restrictive Covenants ,
State Privacy Laws ,
Technology Sector ,
Unfair Competition
It has been said that if you wait long enough, everything comes back into fashion. This saying is true even for the U.S. Department of Labor (DOL), where on March 11, 2024, the DOL reverted back to the multifactor,...more
The U.S. Department of Labor (DOL) announced April 23, 2024 it will increase the minimum annual salary that is required to make certain white-collar employees to be eligible for overtime (often referred to as the executive,...more
4/25/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Highly Compensated Employees ,
Labor Regulations ,
Minimum Salary ,
Over-Time ,
Regulatory Requirements ,
Salaried Employees ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
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 April 23, the Federal Trade Commission (FTC) approved on a split vote a proposed rule that bans virtually all employment noncompetition agreements nationwide. The rule was first proposed in 2023 and is scheduled to go into...more
4/24/2024
/ Employees ,
Employer Liability Issues ,
Employment Contract ,
Exemptions ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Proposed Rules ,
Restrictive Covenants ,
Unfair Competition
This past year has brought with it expanded employment protections for new and expectant working mothers. These protections, in the form of two federal laws, alter the landscape for how employers can consider the needs of...more
12/21/2023
/ Americans with Disabilities Act (ADA) ,
Breastfeeding ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Labor Reform ,
Lactation Accommodation ,
Pregnancy ,
Pregnancy Discrimination ,
Pregnant Workers Fairness Act ,
Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) ,
Reasonable Accommodation ,
Title VII
Attacks on Non-Disclosure, Confidentiality, and Non-Compete Agreements in 2023 -
On several fronts in 2023, we saw federal agencies and entities attacking the scope and enforceability of certain employment agreements,...more
12/21/2023
/ Confidentiality Agreements ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Groff v DeJoy ,
Harassment ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
NLRB ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
OSHA ,
Pregnancy ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation ,
Regulatory Agenda ,
Religious Accommodation ,
SCOTUS ,
State Labor Laws ,
Title VII
In this fourth and final issue of SuperVision for 2022, we asked our Spilman Team to highlight some of the big labor and employment developments from 2022 and to preview issues they expect to see in 2023. Consider this our...more
12/15/2022
/ Collective Bargaining ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Marijuana ,
Pay Transparency ,
PHRA ,
Remote Working ,
Unions ,
Workplace Safety ,
Workplace Violence ,
Workplace Violence Prevention Programs
Most employers know their employee handbooks need to be living documents that are reviewed and updated when conditions change. If any employer doubted the need for doing this, the past two years should have convinced them...more
The NLRB Proposes to Re-Re-Revise Its Joint Employer Standard -
On September 6, 2022, the National Labor Relations Board issued a notice of proposed rulemaking regarding the standard for determining joint employer status...more
9/9/2022
/ Anti-Harassment Policies ,
Employee Benefits ,
Employee Handbooks ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Franchises ,
Gender Dysphoria ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Remote Working ,
Reproductive Healthcare Issues ,
Unions
Late yesterday, the United States Senate approved a bill that will ban employers from requiring employees to settle sexual harassment and sexual assault claims in arbitration without the option of filing a civil lawsuit. The...more
OSHA’s long-anticipated (as we have previously discussed) COVID-19 Emergency Temporary Standard ("ETS") is out and, as promised, it will require companies with at least 100 employees – across all facilities – to either...more
The Biden administration is instructing the Department of Labor’s Occupational Safety and Health Administration (OSHA) to develop a rule that will require all employers with 100 or more employees to ensure their workforce is...more
For years, West Virginia businesses have had to consider varying standards for determining whether a worker is considered an employee or an independent contractor by state agencies. The West Virginia Legislature has attempted...more
The Families First Coronavirus Relief Act ("FFCRA") that mandated two weeks of paid sick leave for COVID-19 reasons – and extended the FMLA by protecting leave relating to the need for child care because of COVID-19 – expired...more
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
In a landmark decision issued yesterday, the Supreme Court of the Unites States ruled that Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination against gay, lesbian, and transgender people. The case...more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
The U.S. Equal Employment Opportunity Commission (“EEOC”) is delaying data collection for their annual EEO-1 Report filing. The EEO-1 Employer Information Report, is a survey that is required annually for larger employers and...more
In our first piece in this returning to work series, we examined the logistical issues associated with returning employees to work. In this latest segment, we will address the legal considerations underpinning the...more
5/1/2020
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Confidential Information ,
Coronavirus/COVID-19 ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Families First Coronavirus Response Act (FFCRA) ,
Interactive Process ,
Medical Leave ,
New Guidance ,
Personal Protective Equipment ,
Re-Opening Guidelines ,
Reasonable Accommodation ,
Return-to-Work Agreements ,
Sick Employees ,
Sick Leave ,
Social Distancing ,
Undue Hardship ,
Workplace Safety
As states begin to ease the restrictions contained in stay-at-home orders and allow certain types of businesses to begin opening back up, have you considered the steps your organization needs to follow to ensure you're...more
West Virginia now has one set of social distancing rules for businesses thanks to an emergency rule promulgated by the West Virginia Department of Health and Human Resources ("DHHR"). Prior to the DHHR’s rule, local boards of...more
4/20/2020
/ Business Entities ,
Coronavirus/COVID-19 ,
Customers ,
Employer Liability Issues ,
Executive Orders ,
Operators of Essential Services ,
Posting Requirements ,
Shelter-In-Place ,
Social Distancing ,
State Health Departments ,
Workplace Safety
Many businesses have been shuttered or have reduced their operations to an on-site skeleton crew supporting droves of teleworkers. At some point, most will reopen and bring their employees back into the workplace. Though the...more
4/13/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Infectious Diseases ,
Personal Protective Equipment ,
Public Health Emergency ,
Return-to-Work Agreements ,
Social Distancing ,
Third-Party Service Provider ,
Workplace Decontamination ,
Workplace Safety
As a result of the COVID-19, employers are being forced to reduce the size of their workforces in order to keep costs down for the duration of the pandemic and perhaps beyond. Employers can choose to either furlough employees...more