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
In November 2024, in Amazon.com Services LLC, the National Labor Relations Board (NLRB) ruled that an employer violates the National Labor Relations Act (NLRA) when it requires employees to attend meetings in which the...more
12/9/2024
/ Employee Rights ,
Employer Liability Issues ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Regulatory Agenda ,
Special Meetings ,
Union Elections ,
Union Organizers ,
Unions
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
Unions won 95 percent of the elections involving groups of 500 or more workers that occurred in the first half of 2023. Overall, unions won 662 elections during that same period – covering over 58,000 workers, the greatest...more
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
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
Welcome to the 12th and final issue of the year for The Site Report.
Top Three Construction Disputes and How to Avoid Them -
Construction professionals sometimes feel as if it is déjà vu when it comes to disputes—and they...more
1/3/2023
/ 3-D Technology ,
3D Printing ,
Collective Bargaining ,
Construction Contracts ,
Construction Disputes ,
Construction Industry ,
Construction Project ,
Contractors ,
Drones ,
Drug Testing ,
Employer Liability Issues ,
Employment Discrimination ,
Federal Contractors ,
Infrastructure ,
Inspections ,
Marijuana ,
Medical Marijuana ,
Popular ,
Subcontractors ,
Technology ,
Unions ,
Unmanned Aircraft Systems ,
Workplace Safety
In this fourth and final issue of SuperVision for 2022, we asked our Spilman Team to highlight some of the big labor and employment developments from 2022 and to preview issues they expect to see in 2023. Consider this our...more
12/15/2022
/ Collective Bargaining ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Marijuana ,
Pay Transparency ,
PHRA ,
Remote Working ,
Unions ,
Workplace Safety ,
Workplace Violence ,
Workplace Violence Prevention Programs
The NLRB Proposes to Re-Re-Revise Its Joint Employer Standard -
On September 6, 2022, the National Labor Relations Board issued a notice of proposed rulemaking regarding the standard for determining joint employer status...more
9/9/2022
/ Anti-Harassment Policies ,
Employee Benefits ,
Employee Handbooks ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Franchises ,
Gender Dysphoria ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Remote Working ,
Reproductive Healthcare Issues ,
Unions
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
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
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
In February 2020, the House of Representatives passed the Protecting the Right to Organize Act (the "PRO Act"), codifying several Obama-era decisions and rulemakings that facilitate union organizing and make it easier for...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