The Family and Medical Leave Act (FMLA) – a federal law that provides 12 weeks of unpaid leave to employees for their own serious health condition or a family member’s serious health condition – can present tricky situations...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
The adage “an ounce of prevention is worth a pound of cure” could have been coined with employee handbooks in mind. A well-drafted employee handbook can solve many employment-related problems before they arise by providing...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
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
Vaccine mandates and return-to-work scenarios seem to be the hot topics of the day, and with all hot topics, along comes litigation. Along with litigation, comes serious discussions by employers and organizations about how...more
9/20/2021
/ Americans with Disabilities Act (ADA) ,
Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
Remote Working ,
StubHub ,
Telecommuting ,
Unions ,
Vaccinations ,
Workplace Safety
[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
Welcome
With the second issue of the 2021 edition of SuperVision, we are focusing on "what's next." More than 100 days into Biden's Presidency and with more than 100 million Americans fully vaccinated from COVID-19, we...more
5/6/2021
/ Americans with Disabilities Act (ADA) ,
Arbitration Agreements ,
Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Contract ,
Employment Policies ,
Infectious Diseases ,
NLRB ,
OSHA ,
Section 7 ,
Vaccinations ,
Website Accessibility ,
Workplace Safety
In the recent decision Newton v. Morgantown Machine & Hydraulics, the Supreme Court of Appeals of West Virginia limited the state’s public policy regarding the use of self-defense in the workplace. The plaintiff in Newton...more
12/24/2019
/ Appeals ,
Employment Policies ,
Harless Claim ,
Hiring & Firing ,
Imminent Harm ,
Reaffirmation ,
Self-Defense ,
Stand Your Ground Laws ,
Wrongful Discharge in Violation of Public Policy ,
Wrongful Termination ,
WV Supreme Court
Sponsored wellness plans that include incentives to employees who voluntarily disclose personal health information as part of disability-related inquiries or medical examinations are in legal limbo after the EEOC removed the...more
3/18/2019
/ Americans with Disabilities Act (ADA) ,
Data Retention ,
Employer Group Health Plans ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Health Insurance ,
Incentives ,
Injunctions ,
PHI ,
Voluntary Disclosure ,
Wellness Programs
This year’s regular session of the West Virginia legislature simultaneously granted employers more rights while taking some away.
The Giveth -
First, the good news. Employers in West Virginia may now withhold from an...more
The last months of the year are marked by holidays, family, snow days -- and influenza, commonly known as the flu. For the 2017-2018 flu season, the Center for Disease Control ("CDC") recommends adults receive an injectable...more
12/21/2017
/ Centers for Disease Control and Prevention (CDC) ,
Civil Rights Act ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Flu Shot Rule ,
Reasonable Accommodation ,
Religious Discrimination ,
Religious Exemption ,
Title VII ,
Vaccinations