Next month, the United States Supreme Court will be hearing a pair of cases (Relentless, Inc. v. Department of Commerce and Looper Bright Enterprises v. Riamondo) that could fundamentally change whether a federal court must...more
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
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
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, gather data, problem-solve, or aid in decision making....more
6/23/2023
/ Artificial Intelligence ,
Employees ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Legislative Agendas ,
Regulatory Agenda ,
Software ,
State and Local Government ,
State Labor Laws ,
Technology Sector ,
Tracking Systems
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
The Equal Employment Opportunity Commission (“EEOC”) plans to prioritize its efforts to correct discrimination and harassment in the construction industry following a review of data that revealed the construction sector to be...more
EEOC Increases Scrutiny on Discrimination and Harassment in the Construction Industry as Federal Infrastructure Dollars Start Flowing -
The Equal Employment Opportunity Commission (“EEOC”) plans to prioritize its efforts to...more
3/1/2023
/ Biden Administration ,
Building Standards ,
Business Entities ,
Buy America ,
Construction Industry ,
Construction Project ,
Coronavirus/COVID-19 ,
Discrimination ,
Diversity ,
Employer Liability Issues ,
Enforcement ,
Environmental Protection Agency (EPA) ,
Equal Employment Opportunity Commission (EEOC) ,
Harassment ,
Infrastructure ,
Infrastructure Financing ,
Infrastructure Investment and Jobs Act (IIJA) ,
Joint Venture ,
Minority-Owned Businesses ,
OMB ,
OSHA ,
Price Inflation ,
Proposed Rules ,
Regulatory Agenda ,
Section 8(a) ,
Small Business ,
Strategic Enforcement Plan ,
Supply Chain ,
Workplace Safety
Early Covid-19 Disability Ruling Offers Blueprint for Lawsuits -
"The Montgomery, Ala.-based court is one of the first tribunals to weigh in on the issue." -
Why this is important: As we enter into the third year of...more
3/7/2022
/ Americans with Disabilities Act (ADA) ,
Blue Cross ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Disability ,
Equal Employment Opportunity Commission (EEOC) ,
Loan Forgiveness ,
Price Gouging ,
SBA ,
Small Business ,
Title I ,
Vaccinations
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
This fall, the U.S. Supreme Court heard three employment cases that collectively ask: Does Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination “because of…sex,” encompass discrimination based...more
10/30/2019
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
Department of Justice (DOJ) ,
EEOC v RG & GR Harris Funeral Homes ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Split of Authority ,
Title VII ,
Transgender ,
Trump Administration
A recent decision from the Supreme Court of the United States - Fort Bend County v. Davis - has sparked conversations about whether a current or former employee must file a complaint with the EEOC before suing an employer for...more
6/18/2019
/ Affirmative Defenses ,
Amended Complaints ,
Appeals ,
Charge-Filing Preconditions ,
Civil Rights Act ,
Equal Employment Opportunity Commission (EEOC) ,
Exhaustion Doctrine ,
Forfeiture ,
Fort Bend County Texas v Davis ,
Jurisdictional Requirements ,
Mandatory Claim-Processing Rules ,
Reaffirmation ,
Reasonable Accommodation ,
Religious Discrimination ,
Retaliation ,
Reversal ,
SCOTUS ,
Time-Barred Claims ,
Title VII ,
Waiver Rule
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
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
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
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