The Editor's Note -
...In this edition of SuperVision, Carrie Grundmann discusses EEO1 requirements, Mitch Rhein discusses the DOL's latest on the virtual marketplace, and Chelsea Thompson explains a recent United States...more
6/17/2019
/ Affirmative Defenses ,
Appeals ,
Department of Labor (DOL) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Fort Bend County Texas v Davis ,
Independent Contractors ,
Pay Data ,
SCOTUS ,
Title VII ,
Virtual Marketplace Companies (VMCs) ,
Waivers
On February 8, 2019, the Fourth Circuit ruled an employer can be liable for gender discrimination for spreading false rumors that a female employee slept with her male boss to obtain a promotion. Parker v. Reema Consulting...more
3/20/2019
/ Adverse Employment Action ,
Complaint Procedures ,
Employer Liability Issues ,
Gender Discrimination ,
Hiring & Firing ,
Hostile Environment ,
Insubordination Policy ,
Motion to Dismiss ,
Retaliation ,
Reversal ,
Sexual Harassment
Last week, the Department of Labor ("DOL") announced new proposed revisions to the Overtime Rule. This is not the first time in recent years that revisions have been proposed to the so-called “white collar exemptions”...more
3/15/2019
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Highly Compensated Employees ,
Inflation Adjustments ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Proposed Rules ,
Public Comment ,
Rulemaking Process ,
Wage and Hour ,
White-Collar Exemptions
The Editor's Note -
Welcome to 2019's first edition of SuperVision, the e-newsletter from Spilman Thomas & Battle's Labor & Employment Law Group...
...In this edition of SuperVision, Carrie Grundmann explains a recent...more
3/14/2019
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Department of Labor (DOL) ,
Disability Discrimination ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Independent Contractors ,
Minimum Salary ,
NLRA ,
NLRB ,
Proposed Rules ,
Reversal ,
Sexual Harassment ,
Wellness Programs ,
White-Collar Exemptions ,
Workplace Communication
On March 7, 2019, the Department of Labor (DOL) announced new proposed revisions to the Overtime Rule. This is not the first time in recent years revisions have been proposed to the so-called "white collar exemptions"...more
3/8/2019
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Non-Exempt Employees ,
Obama Administration ,
Over-Time ,
Public Comment ,
Rulemaking Process ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
A rash of lawsuits are being filed around the country against businesses and retailers, claiming their websites are not accessible to those with visual or hearing impairments. These lawsuits are being filed under Title III of...more
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
On November 8, 2017, the U.S. Senate confirmed Peter Robb as the new General Counsel for the National Labor Relations Board ("NLRB" or "Board"). In private practice, Robb was a noted critic of the NLRB under the Obama...more
Yesterday, November 22, 2016, a Texas federal judge entered a nationwide injunction blocking the Department of Labor's revisions to the overtime rule -- mainly the increase in the salary basis -- that was set to go into...more
A number of employment-related developments are likely to impact the construction industry. This article is intended to briefly summarize some of these developments....more
11/10/2016
/ Administrative Interpretation ,
Construction Industry ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Independent Contractors ,
Joint Employers ,
Labor Regulations ,
Minimum Salary ,
Misclassification ,
Non-Exempt Employees ,
Over-Time ,
Public Works ,
Sick Pay ,
Strategic Enforcement Plan ,
White-Collar Exemptions
In This Issue:
- Election 2016: Where the Candidates Stand on Issues Affecting the Construction Industry:
Here we are. The rollercoaster 2016 election ends tomorrow. Millions of Americans have voted already. Polls...more
11/7/2016
/ Arbitration ,
Blacklist ,
Building Permits ,
Construction Contracts ,
Construction Industry ,
Employer Liability Issues ,
Federal Contractors ,
Inspections ,
Licenses ,
Mechanics Lien ,
Presidential Elections
It is practically impossible these days to turn on the news, get on the internet or listen to the radio without hearing about some polarizing event. Whether it is a debate over the presidential candidates, the...more
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
The Equal Employment Opportunity Commission (“EEOC”) is considering easing the burden a complaining employee faces to establish a claim for retaliation in proposed revisions to its Enforcement Guidance on Retaliation...more
In this edition of SuperVision Today, Erin Jones Adams previews some major issues in avoiding liability in the emerging area of treatment of members of the LGBT community. Carrie Harris takes a look at the latest in the...more
6/8/2016
/ Anti-Retaliation Provisions ,
Department of Labor (DOL) ,
Employee Privacy Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Internet Privacy ,
LGBTQ ,
Over-Time ,
Retaliation ,
Sex Discrimination ,
Social Media Policy ,
Title VII ,
Transgender ,
Wage and Hour ,
White-Collar Exemptions
This time every year, employers across the country welcome student interns into their workforce in droves. Internships are mutually beneficial relationships: the intern receives real-world, practical experience and the...more
In 2013, the Supreme Court of the United States held that plaintiffs claiming retaliation under Title VII must prove that “but for” the retaliation they would not have been discharged. University of Texas Southwestern Medical...more
6/11/2015
/ Burden-Shifting ,
But For Causation ,
Employment Discrimination ,
Gender Discrimination ,
Hostile Environment ,
McDonnell Douglas Formula ,
Nassar ,
Retaliation ,
SCOTUS ,
Summary Judgment ,
Title VII
In This Issue:
- Notes from the Chair and Executive Editor
- The Fourth Circuit Asks What For, Answers with But For: The Determination that a Landmark United States Supreme Court Decision Does Not Change Employment...more
6/1/2015
/ Americans with Disabilities Act (ADA) ,
But For Causation ,
Conciliation ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Credit Reporting Act (FCRA) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
LinkedIn ,
Mach Mining v EEOC ,
McDonnell Douglas Formula ,
Retaliation ,
SCOTUS ,
Social Media ,
Title VII ,
Unpaid Interns ,
Wellness Programs
In modern employment litigation, the employer’s ultimate goal is to prevail at summary judgment, thereby avoiding the expense of trial and the unpredictability of a jury. A recent decision from the Fourth Circuit Court of...more
In this edition of SuperVision Today, Carrie Harris examines how a recent Fourth Circuit decision on the scope of harassment could apply to you, Milind Dongre reviews a recent United States Supreme Court decision regarding...more
2/27/2015
On April 29, 2014, the United States Court of Appeals for the Fourth Circuit’s ruling of Freeman v. Dal-Tile Corp., No. 13-1481, 2014 WL 1678422 (4th Cir. Apr. 29, 2014) addressed third-party harassment.
The Court held...more
Notes from the Chair and Executive Editor -
Welcome to the second quarter edition of SuperVision Today, the quarterly e-newsletter published by Spilman's Labor & Employment Group. Readers of this newsletter are invited...more
America’s high school and college students will soon be finishing another school year, and employers across the country are gearing up to welcome many of these young adults as interns for the summer. Interns are staples in...more
5/22/2013
In This Issue:
- Notes from the Chair & Executive Editor
- The Board Plays On: The NLRB Clarifies Its Position on At-Will Disclaimers
- Interns This Summer? Evaluating Your Unpaid Internship Programs...more