One trend we see continuing in 2025 is state and local laws requiring employers to be more transparent in how they pay their employees. These requirements come in two varieties. First, more states and cities are requiring...more
3/6/2025
/ Compliance ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
New Legislation ,
Pay Transparency ,
Reporting Requirements ,
State Labor Laws ,
Wage and Hour
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
Welcome to the fourth issue of The Academic Advisor for 2024.
We begin this edition with discussion of Title IX of the Education Amendments of 1972. On April 19, 2024, the U.S. Department of Education released its...more
5/2/2024
/ Artificial Intelligence ,
Censorship ,
College Athletes ,
Colleges ,
Concealed Weapons ,
Department of Labor (DOL) ,
Educational Institutions ,
Equal Employment Opportunity Commission (EEOC) ,
Final Rules ,
Governor DeSantis ,
New Regulations ,
Over-Time ,
Pregnant Workers Fairness Act ,
Salary/Wage History ,
School Districts ,
School Sports ,
Sex Discrimination ,
Sexual Harassment ,
State and Local Government ,
Students ,
Title IX ,
Title IX Coordinator ,
Training ,
Transgender ,
Universities ,
Virginia ,
West Virginia v BPJ
It has been said that if you wait long enough, everything comes back into fashion. This saying is true even for the U.S. Department of Labor (DOL), where on March 11, 2024, the DOL reverted back to the multifactor,...more
The U.S. Department of Labor (DOL) announced April 23, 2024 it will increase the minimum annual salary that is required to make certain white-collar employees to be eligible for overtime (often referred to as the executive,...more
4/25/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Highly Compensated Employees ,
Labor Regulations ,
Minimum Salary ,
Over-Time ,
Regulatory Requirements ,
Salaried Employees ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
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
As part of the recently enacted American Rescue Plan Act of 2021 (“ARP”), certain COBRA eligible individuals are eligible for temporary premium subsidies April 1 to September 30, 2021. These subsidies will cover 100 percent...more
We are pleased to bring you our first SuperVision issue of the year. 2021 is anticipated to be a year of changes -- from a new presidential administration to a new phase of COVID-19 and vaccines -- and we are embracing that...more
What Can We Expect from a Biden Administration?
As President-elect Joe Biden begins to transition into the Oval Office, employers cannot help but look ahead to what the next four years may hold. Although a Biden...more
Last month, we discussed a decision out of the Southern District of New York ("SDNY") that invalidated parts of the DOL’s temporary rule that interpreted provisions of the FFCRA, the federal law that created both paid sick...more
9/14/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Labor (DOL) ,
Families First Coronavirus Response Act (FFCRA) ,
Health Care Providers ,
Intermittent Leave ,
Paid Leave ,
Required Documentation ,
Sick Leave ,
Wage and Hour ,
Work Availability Requirement
The Editors' Note -
Welcome to this edition of SuperVision, the e-newsletter for Spilman Thomas & Battle's Labor & Employment Law Group. 2020 continues to bring unforeseen challenges, but employers are beginning to get back...more
9/5/2020
/ Appeals ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Emergency Rule ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Final Rules ,
Harassment ,
Lack of Authority ,
New Guidance ,
NLRA ,
NLRB ,
Notice of Right to Sue ,
Paid Leave ,
Protected Activity ,
Quarantine ,
Remote Learning ,
Section 7 ,
State OSHA Laws ,
Traveling Employee ,
Virginia ,
Workplace Safety
In response to a lawsuit filed by the State of New York, a judge in the Southern District of New York considered and invalidated parts of the Department of Labor's (“DOL”) Final Rule implementing the Families First...more
8/10/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Draft Implementation Regulations ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Healthcare Workers ,
Intermittent Leave ,
Lack of Authority ,
Mandatory Requirements ,
New York ,
Paid Leave ,
Required Documentation ,
Reversal ,
Small Business ,
State and Local Government
While most employers and HR departments still are addressing issues related to the COVID-19 pandemic, the U.S. Department of Labor ("DOL") issued new standard forms for handling Family and Medical Leave Act ("FMLA") claims....more
UPDATED - We have updated several items as clarifications have been made. We will continue to update as more frequently asked questions are posed.
When Congress passed the Families First Coronavirus Response Act ("CRA"),...more
4/2/2020
/ Child Care ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
EPSLA ,
Exemptions ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
IRS ,
Paid Leave ,
Small Business ,
Tax Credits ,
Tax Relief
The Department of Labor (“DOL”) has revised its Overtime Rule that updates the earnings thresholds necessary to exempt executive, administrative and professional employees from the Fair Labor Standards Act’s (“FLSA”) minimum...more
10/16/2019
/ Bonuses ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Incentive Compensation ,
Minimum Salary ,
Misclassification ,
New Rules ,
Non-Exempt Employees ,
Over-Time ,
Salaried Employees ,
Sales Commissions ,
Wage and Hour ,
White-Collar Exemptions
Welcome to the third quarter edition of SuperVision, the e-newsletter for Spilman Thomas & Battle's Labor & Employment Practice Group....in this edition of SuperVision, and in case you missed the e-blast we sent out the day...more
10/11/2019
/ Background Checks ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Credit Reporting Act (FCRA) ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Individualized Education Programs (IEPs) ,
Minimum Salary ,
Over-Time ,
Risk Mitigation ,
Wage and Hour ,
White-Collar Exemptions
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
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
...In this edition of SuperVision, Chelsea Thompson explores new developments from the National Labor Relations Board regarding handbook policies and whether or not they comply with the National Labor Relations Act. Sarah...more
9/17/2018
/ Criminal Convictions ,
Department of Labor (DOL) ,
Disability Benefits ,
Employee Handbooks ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
NLRA ,
NLRB ,
Reimbursements ,
Workers' Compensation Claim
...In this issue, Mitch Rhein examines the Supreme Court decision permitting class action waivers, Spencer Cook looks at a recent decision that warns employers to be careful about asking for past pay rates, Chelsea Thompson...more
6/13/2018
/ Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Department of Labor (DOL) ,
Document Retention Policies ,
Employment Contract ,
Employment Discrimination ,
Epic Systems Corp v Lewis ,
Equal Pay Act ,
Family and Medical Leave Act (FMLA) ,
Federal Arbitration Act ,
Hiring & Firing ,
Job Applicants ,
NLRA ,
NLRB ,
Recruitment Policies ,
Required Forms ,
Salary/Wage History ,
SCOTUS
Editor's Note -
Welcome to the second quarter edition of SuperVision, the e-newsletter of Spilman Thomas & Battle's Labor & Employment Group. The look of SuperVision may have changed, but the goal remains the same: to...more
6/9/2017
/ Class Action Arbitration Waivers ,
Department of Labor (DOL) ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Interpretive Opinions ,
Joint Employers ,
Legislative Agendas ,
Medical Marijuana ,
Migrant and Seasonal Agricultural Worker Protection Act (MSPA) ,
Misclassification ,
NLRA ,
NLRB ,
Secretary of Labor ,
Sexual Orientation Discrimination ,
Workplace Safety
Notes from the Chair and Executive Editor -
Welcome to the final edition of SuperVision Today for 2016. The topic that has consumed the time and interest of many human resource professionals in recent days has been the...more
12/15/2016
/ Appeals ,
Breach of Duty ,
Department of Labor (DOL) ,
Federal Contractors ,
Forfeiture ,
Medical Marijuana ,
Minimum Salary ,
OSHA ,
Over-Time ,
Paid Leave ,
Preliminary Injunctions ,
Rulemaking Process ,
Sick Leave ,
Stock Options ,
White-Collar Exemptions
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
Salary basis adjusted down from the proposed rule, but still much higher than current rule.
New requirement goes into effect December 1, 2016.
The Department of Labor (“DOL”) has slightly modified its proposed rule...more