Did the Supreme Court’s unanimous decision in Ames v. Ohio Dept. of Youth Serv., 145 S.Ct. 1540 (2025), decided in June of this year, make it easier for employees to bring discrimination lawsuits against their employers? The...more
8/13/2025
/ ADEA ,
Adverse Employment Action ,
Americans with Disabilities Act (ADA) ,
Ames v Ohio Department of Youth Services ,
Civil Rights Act ,
Discrimination ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Employment Discrimination ,
Muldrow v City of St Louis ,
Pleading Standards ,
Reverse Discrimination ,
SCOTUS ,
Title VII
Welcome to our latest issue of SuperVision. In this edition, we cover the latest Supreme Court ruling regarding reverse discrimination, navigating lawful DEI approaches, recent trends in unionizing efforts, and the new...more
8/13/2025
/ Ames v Ohio Department of Youth Services ,
Discrimination ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Employer Responsibilities ,
NLRA ,
NLRB ,
Reverse Discrimination ,
SCOTUS ,
State Labor Laws ,
Students for Fair Admissions v Harvard College ,
Title VII ,
Unions ,
Virginia ,
Whistleblower Protection Policies ,
Whistleblowers
A pair of cases from the United States Supreme Court and the Second Circuit (covering Connecticut, New York, and Vermont) in 2024 highlight the importance of documentation and well-trained managers when issuing employee...more
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
As we close out 2024 and look to 2025, I polled members of Spilman, myself included, to get their take on some of the biggest labor and employment developments from 2024 that have or will impact employers. You can find more...more
12/9/2024
/ ADEA ,
Administrative Appointments ,
Adverse Employment Action ,
Americans with Disabilities Act (ADA) ,
Chevron Deference ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Labor Policies ,
Legislative Agendas ,
Loper Bright Enterprises v Raimondo ,
Minimum Salary ,
NLRB ,
Non-Compete Agreements ,
Presidential Nominations ,
Restrictive Covenants ,
SCOTUS ,
Threshold Requirements ,
Title VII ,
Trump Administration ,
Unions ,
Wage and Hour
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
Welcome to the fall issue of SuperVision, our labor and employment e-newsletter. In this edition, we cover the current status of the FTC’s attempts to ban noncompetes, OSHA’s proposed heat standard, how to handle political...more
10/2/2024
/ Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Harassment ,
Health and Safety ,
Heat Exposure ,
Lack of Authority ,
New Regulations ,
Non-Compete Agreements ,
Off-Duty Employees ,
OSHA ,
Political Speech ,
Public Policy ,
Regulatory Agenda ,
Workers' Compensation Claim ,
Workplace Safety
On June 28, 2024, the United States Supreme Court decided Loper Bright Enterprises v. Raimondo (Loper), overturning and eliminating the Chevron doctrineor Chevron deference, a legal principle established by a 1984 decision of...more
8/6/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Government Agencies ,
Loper Bright Enterprises v Raimondo ,
Regulatory Reform ,
SCOTUS ,
Statutory Interpretation
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
On April 15, 2024, the EEOC published its Final Rule to implement the Pregnant Workers Fairness Act (PWFA), which was signed into law on December 29, 2022. The Rule goes into effect on June 18, 2024, and will govern all...more
Welcome to our first SuperVision e-newsletter of 2024. Although we are only four months into 2024, it has already been an incredibly active year on the labor and employment front. On Wednesday, the Federal Trade Commission...more
4/25/2024
/ Classification ,
Department of Labor (DOL) ,
Employee Definition ,
Employee Transfers ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Independent Contractors ,
Minimum Salary ,
Muldrow v City of St Louis ,
Non-Compete Agreements ,
OSHA ,
Pregnant Workers Fairness Act ,
SCOTUS ,
Wage and Hour
We are excited to kick off 2024 with more in-depth insights into the construction industry and legal issues that can impact your business. Our goal is to provide the most up-to-date information along with our thoughts and...more
1/10/2024
/ Biden Administration ,
Child Labor ,
Construction Industry ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Florida ,
Hiring & Firing ,
Independent Contractors ,
OSHA ,
Project Labor Agreements ,
Regulatory Mandates ,
Reporting Requirements ,
State and Local Government ,
Wage and Hour ,
Workplace Safety
In June 2023, the United States Supreme Court issued rulings in two related cases: Students for Fair Admissions, Inc. v. President & Fellows of Harvard College and SFFA v. University of North Carolina, Nos. 20-1199 & 21-707,...more
1/4/2024
/ Affirmative Action ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employee Training ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina
On several fronts in 2023, we saw federal agencies and entities attacking the scope and enforceability of certain employment agreements, including non-disclosure, confidentiality, and non-compete agreements. Employers need to...more
12/28/2023
/ Confidentiality Agreements ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Labor Reform ,
Labor Regulations ,
NLRB ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Restrictive Covenants ,
Section 7
Attacks on Non-Disclosure, Confidentiality, and Non-Compete Agreements in 2023 -
On several fronts in 2023, we saw federal agencies and entities attacking the scope and enforceability of certain employment agreements,...more
12/21/2023
/ Confidentiality Agreements ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Groff v DeJoy ,
Harassment ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
NLRB ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
OSHA ,
Pregnancy ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation ,
Regulatory Agenda ,
Religious Accommodation ,
SCOTUS ,
State Labor Laws ,
Title VII
Chevron Doctrine -
The Chevron Doctrine -- what is often referred to as “Chevron deference” – is based on the precedent set by the Supreme Court about four decades ago, which some argue has overly empowered the...more
10/19/2023
/ Batteries ,
Beneficial Owner ,
Carbon Capture and Sequestration ,
Charging Stations ,
Chevron Deference ,
Climate Action Plan ,
Coal ,
Corporate Transparency Act ,
Electric Vehicles ,
Employer Liability Issues ,
Energy Sector ,
FERC ,
Greenhouse Gas Emissions ,
Hydrogen Power ,
OSHA ,
Reporting Requirements
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
World’s Largest 3D Printed Building Erected in Florida -
“With a total floor area of more than 10,100 sq ft or about 940 m2, the structure is apparently nearly 50% larger than the previous record-holder in the Middle East,...more
7/5/2023
/ 3-D Technology ,
3D Printing ,
Amazon ,
Artificial Intelligence ,
Commercial Buildings ,
Construction Industry ,
Construction Project ,
Employee Training ,
Employer Liability Issues ,
Energy Projects ,
Engineering ,
Equal Employment Opportunity Commission (EEOC) ,
Harassment ,
Managers ,
Performance Reviews ,
Radio Frequency Identification (RFID) ,
Solar Energy ,
Technology Sector
On July 1, 2023, laws that were passed by the General Assembly and signed into law by Governor Glenn Younkin become effective in Virginia. In the most recent legislative session, a number of new employment laws were passed...more
6/21/2023
/ Cybersecurity ,
Disclosure ,
Employer Liability Issues ,
Employment Contract ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
General Assembly ,
New Legislation ,
Organ Donation ,
Paid Leave ,
Sexual Assault ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
State Legislatures ,
Unemployment Reform ,
Virginia
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
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
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
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
On March 3, 2022, President Biden signed into law H.R. 4445, “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.” This law amends the Federal Arbitration Act related to arbitration agreements to...more