Artificial intelligence (AI) can be a tool used by employers to save time and improve compliance when drafting employment policies. However, AI’s current usefulness has limits and comes with risks...more
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
With no chance of passing the Protecting the Right to Organize Act, we predicted that the Biden administration would seek to achieve pro-labor reforms through the National Labor Relations Board’s (the “Board”) rulemaking and...more
10/5/2023
/ Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Final Rules ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Regulatory Agenda ,
Regulatory Requirements ,
State Labor Laws ,
Unions
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
In the Apple TV+ show Severance, employees of Lumon Industries may agree to a "severance" program in which non-work memories are separated from work memories. Outside of work, these Lumon Industries employees cannot discuss...more
4/6/2023
/ Confidentiality Policies ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Former Employee ,
Hiring & Firing ,
New Guidance ,
NLRA ,
NLRB ,
Section 7 ,
Severance Agreements
Severance: Labor Board Prohibits Employers from Restricting Employee Speech in Severance Agreements -
In the Apple TV+ show Severance, employees of Lumon Industries may agree to a "severance" program in which non-work...more
4/6/2023
/ Confidentiality Agreements ,
Confidentiality Policies ,
Construction Industry ,
Discrimination ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Former Employee ,
Harassment ,
Health and Safety ,
Hiring & Firing ,
Labor Law Violations ,
NLRA ,
NLRB ,
Offer Letters ,
OSHA ,
Regulatory Requirements ,
Remote Working ,
Safety Violations ,
Section 7 ,
Severance Agreements ,
Strategic Enforcement Plan ,
Unions ,
Workplace Hazards ,
Workplace Safety
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
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
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
Vaccine mandates and return-to-work scenarios seem to be the hot topics of the day, and with all hot topics, along comes litigation. Along with litigation, comes serious discussions by employers and organizations about how...more
9/20/2021
/ Americans with Disabilities Act (ADA) ,
Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
Remote Working ,
StubHub ,
Telecommuting ,
Unions ,
Vaccinations ,
Workplace Safety
[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
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
In March 2021, the National Labor Relations Board’s Acting General Counsel, Peter Sung Ohr, wrote a memorandum to the Board’s Regional Offices that called for “Vigorous Enforcement” of section 7 of the National Labor...more
As a result of troubling personal accounts of sexual harassment that have permeated coverage on national media outlets and our social media accounts during the past few months, employers may appropriately question whether...more
12/29/2017
/ Anti-Harassment Policies ,
Complaint Procedures ,
Corporate Counsel ,
Corporate Culture ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Harassment ,
Risk Assessment ,
Sexual Harassment ,
Young Lawyers
The Editors' Note -
Welcome to the fourth quarter edition of SuperVision, the quarterly e-newsletter published by Spilman's Labor & Employment Group.
With the recent headlines dominated by stories of individuals coming...more
12/20/2017
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Employee Handbooks ,
Employment Policies ,
Flu Shot Rule ,
Joint Employers ,
NLRB ,
Public Accommodation ,
Religious Exemption ,
Sexual Harassment ,
Title III ,
Trump Administration ,
Vaccinations ,
Website Accessibility
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
In this edition of SuperVision Today, Carrie Harris offers timely advice in this election season for employers who are dealing with divisive non-work issues in the workplace. Mitch Rhein explains the upcoming changes to the...more
10/13/2016
/ EEO-1 ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
NLRB ,
Pay Discrimination ,
Payroll Records ,
Political Speech ,
Presidential Elections ,
Reporting Requirements ,
Student Employees ,
Teaching Assistants ,
Wage and Hour ,
Workplace Communication
The Office of Civil Rights (“OCR”), a division of the Department of Health and Human Services, recently took the rare step of imposing civil monetary penalties against a large home health provider for violating the Health...more