Last month, we discussed a decision out of the Southern District of New York ("SDNY") that invalidated parts of the DOL’s temporary rule that interpreted provisions of the FFCRA, the federal law that created both paid sick...more
9/14/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Labor (DOL) ,
Families First Coronavirus Response Act (FFCRA) ,
Health Care Providers ,
Intermittent Leave ,
Paid Leave ,
Required Documentation ,
Sick Leave ,
Wage and Hour ,
Work Availability Requirement
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 response to a lawsuit filed by the State of New York, a judge in the Southern District of New York considered and invalidated parts of the Department of Labor's (“DOL”) Final Rule implementing the Families First...more
8/10/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Draft Implementation Regulations ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Healthcare Workers ,
Intermittent Leave ,
Lack of Authority ,
Mandatory Requirements ,
New York ,
Paid Leave ,
Required Documentation ,
Reversal ,
Small Business ,
State and Local Government
While most employers and HR departments still are addressing issues related to the COVID-19 pandemic, the U.S. Department of Labor ("DOL") issued new standard forms for handling Family and Medical Leave Act ("FMLA") claims....more
Even in more traditional times, summer posed staffing issues for most employers, as employers juggled employee vacation requests while working to maintain a functional workplace. Of course, the COVID-19 pandemic resulted in...more
6/30/2020
/ Child Care ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Employment Policies ,
Families First Coronavirus Response Act (FFCRA) ,
Health and Safety ,
Quarantine ,
Summer Camps ,
Traveling Employee ,
Vacation Leave ,
Virus Testing
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
Governor Justice has issued his plan for the scaling back of his “stay-at-home” Executive Order, otherwise known as “reopening the state.” The plan hinges on having three consecutive days where the statewide cumulative...more
In this webinar, Spilman attorneys Eric Kinder and Carrie Grundmann walk through the legal considerations, and hurdles, in managing a telecommuting workforce as well as offer practical HR guidance on how get the best from...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
According to a news report published by Reuters, the Equal Employment Opportunity Commission ("EEOC") has stopped sending Right to Sue letters ("RTS") to complainants for the duration of the COVID-19 pandemic. ...more
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
Spilman's COVID-19 Task Force and Health Care Practice Group have developed this e-newsletter to address important issues affecting health care providers and others operating in the health care industry during the COVID-19...more
The Families First Coronavirus Response Act and state enactments on unemployment, business closures, and mandatory shelter at-home orders have impacted business of all sizes. Businesses are looking for practical advice to...more
UPDATED - We have updated several items as clarifications have been made. We will continue to update as more frequently asked questions are posed.
When Congress passed the Families First Coronavirus Response Act ("CRA"),...more
4/2/2020
/ Child Care ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
EPSLA ,
Exemptions ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
IRS ,
Paid Leave ,
Small Business ,
Tax Credits ,
Tax Relief
Both houses of the United States Congress have now passed the CARES Act and sent it to the President for his expected signature. Among the provisions in the 880-page Act are critical ones dealing with aid to small businesses,...more
1) Publish, circulate, and implement the latest CDC, local health department, and OSHA pronouncements on maintaining a healthy worksite and make sure you are stocked on essential product (soaps and sanitizers)....more
3/24/2020
/ COBRA ,
Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
Employer Group Health Plans ,
Employer Liability Issues ,
Essential Functions ,
Furloughs ,
Infectious Diseases ,
Layoffs ,
Pay Reductions ,
Union Membership ,
Vendors ,
Workplace Safety
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