Welcome to our third edition of The Academic Advisor - our e-newsletter focused on education law insights. As fall semester begins, your schools and campuses are no doubt bustling with orientation, move-in, training, and...more
Welcome to our second edition of The Academic Advisor - our e-newsletter focused on education law insights. We hope you enjoyed our first issue and found it helpful. Our aim is to support the work that you do by bringing...more
7/20/2022
/ Biden Administration ,
Colleges ,
COPPA ,
Department of Education ,
Educational Institutions ,
Facial Recognition Technology ,
First Amendment ,
Free Speech ,
Proposed Regulation ,
Public Comment ,
School Districts ,
Students ,
Title IX ,
Universities
Universities Share Lessons Learned from Ransomware Attacks
"According to a recent Sophos poll of IT professionals, 44 percent of educational institutions suffered ransomware attacks in 2020, and 58 percent of those hit...more
6/24/2022
/ Colleges ,
Educational Institutions ,
FERPA ,
Non-Disclosure Agreement ,
Policies and Procedures ,
Ransomware ,
Sexual Abuse ,
Sexual Assault ,
Sexual Violence Policies ,
Students ,
Title IX ,
Universities
Recently, leading officials in the Biden administration have taken steps to prevent employers from sharing their lawful views on collective bargaining in order to aid union efforts to organize more employees. These actions...more
Where Does Employer Liability for Workplace Injuries in a Post-COVID Work End? Liable at Work, but Not Off-Site?
The COVID-19 pandemic and post-pandemic era saw an increase in the number of employees working from home. For...more
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
Consistent with a continued expansion of statutory rights under the National Labor Relations Act ("NLRA"), the General Counsel of the National Labor Relations Board ("NLRB") confirmed her view that certain athletes at...more
Welcome to our final issue of the 2021 edition of SuperVision. Our attorneys have examined trending topics, discussed recent legal developments, and answered frequently asked questions. These are some of the issues we believe...more
11/3/2021
/ College Athletes ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Infectious Diseases ,
NLRA ,
NLRB ,
OSHA ,
Vaccinations ,
Workers' Compensation Claim ,
Workplace Safety
While engaging a talented corporate transactional lawyer is critically important to the success of a merger, sale or acquisition, a lesser-known -- but integral -- part of the transaction team should be a skilled labor and...more
8/13/2021
/ Acquisitions ,
Due Diligence ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Form I-9 ,
Hiring & Firing ,
Independent Contractors ,
Mergers ,
Skilled Laborers ,
Wage and Hour
[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
As vaccines are rolled out nationwide and are available to any adult who wants one, we appear on the cusp of a return to some level of normalcy. With that return to normalcy will come an increased focus on...more
5/10/2021
/ Biden Administration ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Labor Relations ,
NLRB ,
OSHA ,
Sexual Orientation Discrimination ,
Title VII ,
Wage and Hour ,
Workplace Safety
Welcome
With the second issue of the 2021 edition of SuperVision, we are focusing on "what's next." More than 100 days into Biden's Presidency and with more than 100 million Americans fully vaccinated from COVID-19, we...more
5/6/2021
/ Americans with Disabilities Act (ADA) ,
Arbitration Agreements ,
Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Contract ,
Employment Policies ,
Infectious Diseases ,
NLRB ,
OSHA ,
Section 7 ,
Vaccinations ,
Website Accessibility ,
Workplace Safety
The Protecting the Right to Organize "PRO" Act was introduced on February 4, 2021 and passed the U.S. House of Representatives last night. If enacted, it would change labor law in the United States significantly by altering...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
Yesterday afternoon, the Supreme Court of Appeals of West Virginia issued its decision in State v. AFL-CIO and upheld the constitutionality of West Virginia's “Right-Work-Act” (the Workplace Freedom Act). Justice Jenkins...more
Spilman attorneys Kevin Carr and John Allevato discuss the implications of COVID-19 and the interplay of business, tax and labor issues associated with the important CARES Act stimulus programs....more
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
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
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
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
The NLRB reversed the controversial holding in Purple Communications, which allowed employees to use their employer's e-mail system during non-working hours to engage in Section 7 protected discussions regarding wages, hours...more
12/19/2019
/ Corporate Counsel ,
Email ,
Email Policies ,
Employee Rights ,
Employer Liability Issues ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Purple Communications ,
Reversal ,
Section 7 ,
Unions
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