Welcome to our third issue of The Site Report for 2025! In this edition, we address new case law impacting contract provisions in South Carolina, construction-related pricing and tariffs, the new administration's effect on...more
4/2/2025
/ Artificial Intelligence ,
Biden Administration ,
Construction Contracts ,
Construction Industry ,
Construction Litigation ,
Corporate Transparency Act ,
Data Centers ,
Employee Mobility ,
Employer Liability Issues ,
Federal Trade Commission (FTC) ,
Machine Learning ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
OSHA ,
Pay Transparency ,
Subcontractors ,
Tariffs ,
Technology Sector ,
Trump Administration ,
Wage and Hour
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
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
The Families First Coronavirus Relief Act ("FFCRA") that mandated two weeks of paid sick leave for COVID-19 reasons – and extended the FMLA by protecting leave relating to the need for child care because of COVID-19 – expired...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
The Families First Coronavirus Relief Act ("FFCRA") was passed by Congress this spring to mandate two weeks of paid sick leave for COVID-19 reasons and to extend the FMLA by creating a new reason for FMLA leave relating to...more
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 administration may be limited in what it wants to do because...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 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
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
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
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, 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
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
Less than a month ago, the West Virginia Legislature overrode the veto of Governor Tomblin to enact the “Workplace Freedom Act” – commonly called the Right-to-Work bill – and eliminated the requirement that state contractors...more
3/2/2016
/ Davis-Bacon Act ,
Governor Vetoes ,
Minimum Wage ,
NLRA ,
Prevailing Wages ,
Public Projects ,
Right to Work ,
State Contractors ,
Taft-Hartley Act ,
Unions ,
Wage and Hour
Notes from the Chair and Executive Editor -
Welcome to 2016's first edition of SuperVision Today, the enewsletter from Spilman Thomas & Battle's Labor & Employment Group.
Our clients in West Virginia certainly are...more
Notes from the Chair and Executive Editor -
Welcome to the third quarter edition of SuperVision Today, the quarterly e-newsletter published by Spilman's Labor & Employment Group...
...In this edition of SuperVision...more
8/25/2015
/ Affordable Care Act ,
Department of Labor (DOL) ,
Dodd-Frank ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Minimum Salary ,
Misclassification ,
Non-Exempt Employees ,
Over-Time ,
Reporting Requirements ,
Retaliation ,
Securities and Exchange Commission (SEC) ,
Title VII ,
Wage and Hour ,
Whistleblowers
The West Virginia Legislature has brought West Virginia more in line with its neighbors in regulating how employers must pay former employees upon the employee’s departure. Historically, West Virginia has imposed different...more
Notes from the Chair and Executive Editor -
Welcome to the fourth quarter edition of SuperVision Today, the quarterly e-newsletter published by Spilman's Labor & Employment Group.
With the election results in,...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