West Virginia now has one set of social distancing rules for businesses thanks to an emergency rule promulgated by the West Virginia Department of Health and Human Resources ("DHHR"). Prior to the DHHR’s rule, local boards of...more
4/20/2020
/ Business Entities ,
Coronavirus/COVID-19 ,
Customers ,
Employer Liability Issues ,
Executive Orders ,
Operators of Essential Services ,
Posting Requirements ,
Shelter-In-Place ,
Social Distancing ,
State Health Departments ,
Workplace Safety
Many businesses have been shuttered or have reduced their operations to an on-site skeleton crew supporting droves of teleworkers. At some point, most will reopen and bring their employees back into the workplace. Though the...more
4/13/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Infectious Diseases ,
Personal Protective Equipment ,
Public Health Emergency ,
Return-to-Work Agreements ,
Social Distancing ,
Third-Party Service Provider ,
Workplace Decontamination ,
Workplace Safety
As a result of the COVID-19, employers are being forced to reduce the size of their workforces in order to keep costs down for the duration of the pandemic and perhaps beyond. Employers can choose to either furlough employees...more
1) Publish, circulate, and implement the latest CDC, local health department, and OSHA pronouncements on maintaining a healthy worksite and make sure you are stocked on essential product (soaps and sanitizers)....more
3/24/2020
/ COBRA ,
Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
Employer Group Health Plans ,
Employer Liability Issues ,
Essential Functions ,
Furloughs ,
Infectious Diseases ,
Layoffs ,
Pay Reductions ,
Union Membership ,
Vendors ,
Workplace Safety
In accordance with the CDC’s guidance on social distancing, more and more companies are increasing the number of employees working from home. As the number of employees working from home increases, so do the related cyber...more
3/22/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Data Protection ,
Employer Liability Issues ,
Hackers ,
Phishing Scams ,
Remote Working ,
Risk Management ,
Scams ,
Telecommuting
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 -
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 of SuperVision, Spencer Cook examines one of the offshoots of the #MeToo movement--the tax ramifications of settling harassment lawsuits. Mitch Rhein explores a recent Supreme Court decision redefining the...more
4/5/2018
/ #MeToo ,
Amended Legislation ,
Automotive Industry ,
Car Dealerships ,
Deductible Expenses ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Guns-in-Trunks Legislation ,
Navarro v Encino Motorcars ,
Over-Time ,
Salespersons ,
SCOTUS ,
Sexual Harassment ,
State Legislatures ,
Tax Cuts and Jobs Act ,
Wage and Hour ,
Wage Withholding
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
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