The Cost of "Electrification"
“Electrification” has become a ubiquitous term these days, although depending on who you ask, it might have different meanings. However defined, a critical component of electrification as a...more
4/25/2023
/ Biomass ,
Clean Energy ,
Coal Industry ,
Coal-Fired Plants ,
Electric Vehicles ,
Electricity ,
Energy Sector ,
Exports ,
Fossil Fuel ,
Hydrogen Power ,
Low-Income Issues ,
Natural Gas ,
North Carolina ,
Nuclear Power ,
Plant Closures ,
Power Grid ,
Power Plants ,
Price Transparency ,
Renewable Energy ,
Renewable Fuel ,
Russia ,
Small Business ,
Solar Energy ,
State and Local Government ,
Texas ,
Ukraine ,
Utilities Sector ,
Virginia ,
Washington ,
Wind Power
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
GOP Attorneys General Sue Labor Department Over ESG Rule -
“GOP senators, joined by Manchin, oppose the new rule, which gives asset managers more freedom.”
Why this is important: The article describes reaction to...more
2/10/2023
/ Australia ,
Carbon Emissions ,
Coal ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Energy Sector ,
Environmental Social & Governance (ESG) ,
EU ,
Fossil Fuel ,
India ,
North Carolina ,
Offshore Wind ,
Russia ,
Trade Restrictions ,
Virginia
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
West Virginia’s Water and Land Rights EPA Case in U.S. Supreme Court -
"West Virginia Attorney General Patrick Morrisey, who led a 26-state coalition in filing a brief in the case, said the High Court heard arguments in a...more
WVU Study Shows American Coal Industry Generates $261 Billion in Economic Activity, 381,000 Jobs -
“The study, conducted by the West Virginia University Bureau for Business and Economics Research, shows that the...more
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
Coal Producer Plans to Create 181 New Jobs in Southwest Virginia Mine Complex -
"Coronado Global Resources Inc., an international coal company, is committing $169.1 million toward the effort to increase capacity at its...more
9/7/2022
/ Climate Change ,
Coal Industry ,
Department of Energy (DOE) ,
Electricity ,
Energy Projects ,
Energy Sector ,
Nuclear Power ,
Oil & Gas ,
Renewable Energy ,
Solar Energy ,
Wind Power
The Supreme Court’s EPA Ruling is a Big Setback for Fighting Climate Change, but Not a Death Knell
"The ruling opens the door to more litigation, however, which could help the fossil fuel industry delay moves to...more
7/11/2022
/ Clean Air Act ,
Clean Power Plan ,
Department of Labor (DOL) ,
Energy Efficiency ,
Environmental Protection Agency (EPA) ,
FERC ,
Greenhouse Gas Emissions ,
Mine Safety and Health Administration (MSHA) ,
Oil & Gas ,
SCOTUS ,
West Virginia v EPA
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
Ukraine Demands Germany Cut or Halt Nord Stream 1 Gas Flows -
"Ukraine is willing and able to provide an alternate transport route to the pipeline, which runs under the Baltic, he said."
Why this is important: The...more
Cap and Trade Gets a Big Win in Pennsylvania. Will It Last?
"Pennsylvania Gov. Tom Wolf (D) announced that his administration had finalized a regulation to join the Regional Greenhouse Gas Initiative, a cap-and-trade...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
The Impact of "Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021" on Employer's Arbitration Provisions -
On March 3, 2022, President Biden signed into law H.R. 4445, “Ending Forced Arbitration...more
4/1/2022
/ Americans with Disabilities Act (ADA) ,
Arbitration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Discrimination ,
Federal Arbitration Act ,
Mandatory Arbitration Clauses ,
Paternity Leave ,
Sexual Assault ,
Sexual Harassment
The end of the year is both a busy and a celebratory time. As employers close out 2021 and look forward to 2022, here are five issues for employers to consider to prepare for success in the year ahead:
1. Holiday Bonuses...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
Coal Power to Increase for First Time Since 2014, US Says -
"The amount of electricity produced by coal plants is expected to tick up 22% in 2021, reversing coal’s six-year downward trend."
Why this is important: For...more
10/21/2021
/ Clean Energy ,
Climate Change ,
Coal Industry ,
Electricity ,
Energy Sector ,
FERC ,
Natural Gas ,
Oil & Gas ,
Petroleum ,
Renewable Energy ,
Solar Energy
Questions concerning how to pay employees in tipped occupations have plagued employers for years. Tipped employees that perform duties that are not sufficiently related to their tipped occupation must be paid at least 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
Why the American Jobs Plan Would Benefit Coal-Heavy Utility Stocks -
"A close look at some of the utilities publicly supporting a federal CES, which would require utilities to increase their share of carbon-free energy...more
Welcome to Volume 5, Issue 22 of Currents. With this issue, we will begin publishing on a bi-weekly schedule. We believe publishing every two weeks will give us a better opportunity to focus on hot topics affecting our...more
6/25/2021
/ Biden Administration ,
Climate Change ,
Coal Industry ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Electricity ,
Energy Projects ,
Energy Sector ,
Oil & Gas ,
Renewable Energy ,
Tax Credits
A Bad Day for Big Oil -
"ExxonMobil, Chevron lose key shareholder votes and Dutch court orders Shell to cut emissions faster."
Why this is important: Issues related to climate change embroiled three oil companies this...more
Welcome to Volume 5, Issue 18 of Currents. As always, we cover the gamut of hot topics in the energy industry. In this edition, we provide insights on issues at the local, state and federal levels, as well as international...more
In December 2017, we reported on the number of lawsuits being filed around the country against businesses and retailers for violations of Title III of the Americans with Disabilities Act ("ADA") that requires equal access for...more
Shot Heard Across Texas: San Antonio Gets a Temporary Restraining Order Against ERCOT -
"CPS Energy, the municipal electric utility serving San Antonio and the surrounding area, has won the first skirmish against the...more
5/12/2021
/ Clean Energy ,
Coal Industry ,
Department of Energy (DOE) ,
Electricity ,
Energy Projects ,
Energy Sector ,
FERC ,
Fossil Fuel ,
Hydrogen Power ,
Natural Gas ,
Nuclear Power ,
Renewable Energy