The National Labor Relations Board (the “NLRB”) began the year by again changing the test it uses to determine whether a worker is an independent contractor. The test is, however, not new. Instead, in SuperShuttle DFW, Inc....more
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
Last month, in Epic Systems Corp. v. Lewis, the Supreme Court of the United States decided class action waivers in employment arbitration agreements do not violate the National Labor Relations Act (“NLRA”). A class action...more
6/19/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Bargaining ,
Employment Contract ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
NLRA ,
NLRB ,
Preemption ,
Private Attorneys General Act (PAGA) ,
Protected Concerted Activity ,
Remand ,
Reversal ,
Savings Clause ,
SCOTUS
...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
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
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
Later this year, the Supreme Court of the United States will address the enforceability of class action waivers in employment arbitration agreements in Ernst & Young LLP v. Morris. The Supreme Court’s decision will resolve a...more
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
A Texas federal court has refused to enjoin OSHA’s new rule regarding workplace safety and injury reporting, which went into effect on December 1, 2016. Similar to employers’ recent successful challenge of the DOL’s overtime...more
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
Late last month, the Equal Employment Opportunity Commission (“EEOC”) announced that it will begin collecting employee pay data from many private employers and federal contractors. Beginning with the EEO-1 reports due March...more
10/18/2016
/ Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Federal Contractors ,
Non-Exempt Employees ,
Pay Discrimination ,
Payroll Records ,
Private Sector ,
Reporting Requirements ,
Wage and Hour
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
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
A federal appellate court in the Midwest suggests that while unions do not have blanket approval to inspect an employer’s worksite, the union’s interest in safety generally will outweigh an employer’s interest in...more
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
Employers in the Fourth Circuit states of Maryland, North Carolina, South Carolina, Virginia and West Virginia must now be mindful that employees who deal with complaints of discrimination and harassment can point to that...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