One of the biggest hot topics during the Biden administration was the legality and enforceability of non-compete agreements in employment. The Biden administration aggressively tried to eliminate employer-imposed restraints...more
3/7/2025
/ Antitrust Provisions ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Employees ,
Employment Contract ,
Federal Trade Commission (FTC) ,
NLRB ,
Non-Compete Agreements ,
NRLA ,
Restrictive Covenants ,
Trump Administration
Welcome to our first issue of SuperVision in 2025. In this edition, we cover the new presidential administration’s anticipated impact on employment agreements, the National Labor Relations Board, and workplace safety...more
3/4/2025
/ Department of Labor (DOL) ,
Employee Mobility ,
Employees ,
Employer Liability Issues ,
Federal Trade Commission (FTC) ,
Immigration and Customs Enforcement (ICE) ,
Immigration Reform ,
Labor Reform ,
Legislative Agendas ,
New Regulations ,
NLRB ,
Non-Compete Agreements ,
OSHA ,
Pay Transparency ,
Regulatory Agenda ,
Restrictive Covenants ,
Trump Administration ,
Unions ,
Workplace Safety
Happy Holidays and welcome to our year-end issue of SuperVision. In this edition, we are pleased to bring you the “Top Five” biggest labor and employment issues that will impact employers for the coming year along with...more
12/9/2024
/ Corporate Transparency Act ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Family and Medical Leave Act (FMLA) ,
Final Rules ,
FMLA Abuse ,
Labor Reform ,
Labor Regulations ,
Minimum Salary ,
NLRA ,
NLRB ,
Over-Time ,
Preliminary Injunctions ,
Regulatory Agenda ,
Special Meetings ,
State and Local Government ,
State Labor Laws ,
Stays ,
Threshold Requirements ,
Unions ,
Wage and Hour
Welcome to the Summer issue of SuperVision, our labor and employment e-newsletter. We continue to see substantial activity and legal developments impacting employers. In this edition, we cover Artificial Intelligence,...more
8/1/2024
/ Artificial Intelligence ,
Chevron Deference ,
Chevron v NRDC ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Final Rules ,
Government Agencies ,
Human Resources Professionals ,
Machine Learning ,
Minimum Wage ,
Over-Time ,
Regulatory Agenda ,
Statutory Interpretation ,
Threshold Requirements ,
Wage & Hour Division (WHD) ,
Wage and Hour ,
Workplace Investigations
New Business Reporting Obligations for Employers: Beneficial Ownership Information Under the Corporate Transparency Act -
Effective January 1, 2024, most legal entities incorporated, organized, or registered to do business...more
10/3/2023
/ Beneficial Owner ,
Business Entities ,
Corporate Transparency Act ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Policies ,
Intentional Torts ,
Legislative Agendas ,
Minimum Wage ,
New Legislation ,
NLRA ,
NLRB ,
OSHA ,
Over-Time ,
Policies and Procedures ,
Regulatory Agenda ,
Reporting Requirements ,
State Labor Laws ,
Unions ,
Workplace Safety
The U.S. Department of Labor’s Wage and Hour Division (“WHD”) recently announced it was hiring 100 investigators and planned “vigorous” enforcement of wage and hour laws in the warehouse and logistics industries. The...more
The Impact of "Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021" on Employer's Arbitration Provisions -
On March 3, 2022, President Biden signed into law H.R. 4445, “Ending Forced Arbitration...more
4/1/2022
/ Americans with Disabilities Act (ADA) ,
Arbitration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Discrimination ,
Federal Arbitration Act ,
Mandatory Arbitration Clauses ,
Paternity Leave ,
Sexual Assault ,
Sexual Harassment
[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
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
In a recent opinion letter, the United States Department of Labor concluded that workers who use a “virtual marketplace” business – similar to Uber, DoorDash, Instacart, or Rover – are independent contractors and not...more
6/19/2019
/ Administrative Interpretation ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Opinion Letter ,
Right to Control ,
Third-Party Service Provider ,
Virtual Marketplace Companies (VMCs) ,
Wage and Hour
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
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 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
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
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
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
Notes from the Chair and Executive Editor -
Welcome to the third quarter edition of SuperVision Today, the quarterly e-newsletter published by Spilman's Labor & Employment Group...
...In this edition of SuperVision...more
8/25/2015
/ Affordable Care Act ,
Department of Labor (DOL) ,
Dodd-Frank ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Minimum Salary ,
Misclassification ,
Non-Exempt Employees ,
Over-Time ,
Reporting Requirements ,
Retaliation ,
Securities and Exchange Commission (SEC) ,
Title VII ,
Wage and Hour ,
Whistleblowers