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
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
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
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
On April 2, 2018, the Supreme Court of the United States issued its opinion in Encino Motorcars, LLC v. Navarro, holding that, because service advisors at car dealerships are “salesm[e]n . . . primarily engaged in . . ....more
4/10/2018
/ Appeals ,
Automotive Industry ,
Car Dealerships ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Navarro v Encino Motorcars ,
Over-Time ,
Reversal ,
Salespersons ,
SCOTUS ,
Service Advisors ,
Wage and Hour
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
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