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
Considerations for Employing AI in the Workplace -
What is workplace artificial intelligence or AI? In its simplest form, AI in the workplace is the use of technology or software to monitor employees’ work performance,...more
6/21/2023
/ Artificial Intelligence ,
Confidential Information ,
Discrimination ,
Employee Evaluations ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Equal Employment Opportunity Commission (EEOC) ,
Harassment ,
Managers ,
New Legislation ,
NLRB General Counsel ,
Non-Compete Agreements ,
Performance Reviews ,
State and Local Government ,
State Labor Laws ,
Technology Sector ,
Training ,
Virginia ,
Wage and Hour
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
[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 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
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
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
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
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