As we reported last fall, the Wage and Hour Division of the Department of Labor (DOL) issued a proposed rule in September 2023 to significantly increase the standard salary level applicable to the overtime exemption for...more
8/2/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Federal Labor Laws ,
Final Rules ,
Highly Compensated Employees ,
Labor Reform ,
Minimum Salary ,
Over-Time ,
Salaried Employees ,
Wage and Hour ,
White-Collar Exemptions
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
Welcome to our second issue of 2024 for our construction industry insights - The Site Report.
Business today is characterized by relentless change. To assist our clients in navigating this dynamic landscape, we pride...more
Let’s Do It Again -
The Wage and Hour Division of the Department of Labor (DOL) recently announced its intent to significantly increase the standard salary threshold for the overtime exemption applicable to certain...more
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
Giant Banks Paid More for Deposits in Q2. That's Bad News for Small Lenders.
“But many smaller institutions, some of whom turned to more expensive borrowings to replace deposits lost in the spring, don't have as many...more
8/8/2023
/ Affirmative Action ,
Banking Sector ,
Borrowers ,
Climate Change ,
Consumer Financial Protection Bureau (CFPB) ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Environmental Social & Governance (ESG) ,
Financial Fraud ,
Financial Institutions ,
Financial Services Industry ,
Lenders ,
Risk Management
Although developments in higher education on the issue of affirmative action in admissions may not seem relevant to private employers, the U.S. Supreme Court’s recent decision should prompt employers to reexamine their own...more
7/28/2023
/ Affirmative Action ,
College Admissions ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employee Training ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Hiring & Firing ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina
Q&A with the Carolina Small Business Development Fund -
We are fortunate to have connected with Kevin Dick, the President & CEO, and Emily Blevins, Marketing & Communications Director, of the Carolina Small Business...more
7/28/2023
/ Affirmative Action ,
Canada ,
Construction Contracts ,
Construction Industry ,
Contractors ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Employment Discrimination ,
General Assembly ,
Housing Market ,
Independent Contractors ,
Infrastructure ,
Lumber Industry ,
NLRB ,
Pipelines ,
SCOTUS ,
Small Business ,
Subcontractors ,
Unions ,
Wildfires
Employers must be cautious in disciplining employees for offensive or abusive conduct directed at management in the workplace in light of standards recently reestablished by the National Labor Relations Board (“NLRB”)....more
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
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
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
This afternoon, the Supreme Court of the United States issued rulings on the requests for an emergency stay of OSHA's COVID-19 Vaccination and Testing Emergency Temporary Standard ("Vaccinate or Test Weekly") and the Interim...more
1/17/2022
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Interim Final Rules (IFR) ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On Friday evening, a split panel decision from the U.S. Court of Appeals for the Sixth Circuit lifted the stay on the OSHA ETS previously issued by the Fifth Circuit. The ETS is applicable to employers with more than 100...more
On Monday, November 1, 2021, CNBC reported the Office of Management and Budget ("OMB") completed its review of OSHA's Emergency Temporary Standard ("ETS") that will require larger employers to either adopt a policy for...more
Welcome to our final issue of the 2021 edition of SuperVision. Our attorneys have examined trending topics, discussed recent legal developments, and answered frequently asked questions. These are some of the issues we believe...more
11/3/2021
/ College Athletes ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Infectious Diseases ,
NLRA ,
NLRB ,
OSHA ,
Vaccinations ,
Workers' Compensation Claim ,
Workplace Safety
There has been a lot of labor activity in the past three months. President Biden announced the two appointees who would join National Labor Relations Board Chair Lauren McFerran to create a majority of Democrats on the Board....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
Congress appears to have reached an agreement on legislation to provide paid family and medical leave in connection with the COVID-19 pandemic. However, the bill still must be signed into law by the President. In the interim,...more
Employers and employees are witnessing a struggle between the administration of Governor Tom Wolf, the Legislature and Pennsylvania employers over efforts to modernize the rules governing overtime and/or increase the...more
Welcome to the fourth quarter edition of SuperVision, the e-newsletter from Spilman Thomas & Battle's Labor & Employment Law Group.
Just as we were going to press, the National Labor Relations Board ("NLRB") issued two...more
12/18/2019
/ Appeals ,
Confidentiality Policies ,
Email Policies ,
Employee Privacy Rights ,
Governor Wolf ,
Internal Investigations ,
Minimum Wage ,
NLRA ,
NLRB ,
Over-Time ,
Profanity ,
Public Comment ,
Public Policy ,
Racist Remarks ,
Rules of Civil Procedure ,
Self-Defense ,
Sexual Harassment ,
Summary Judgment ,
Title VII ,
Workplace Communication ,
Workplace Investigations
Peter B. Robb took over as General Counsel of the National Labor Relations Board ("Board") on November 17, 2017, and soon after issued an official memorandum signaling his intention to reexamine Board precedent from the prior...more
12/22/2017
/ Cameras ,
Employee Handbooks ,
Joint Employers ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Precedential Opinion ,
Protected Activity ,
Rescission ,
Reversal ,
Standard of Review ,
Trump Administration
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
March 10, 2016 is the current targeted effective date for an ordinance passed by Pittsburgh’s City Council requiring most city businesses to provide sick leave to full-time and part-time employees. Implementation of the...more