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 provide timely information that will help you find solutions and alternatives in managing your people.

First, some breaking news. Just this week, Secretary of Labor Alexander Acosta announced the Department of Labor ("DOL") was withdrawing two informal guidance memoranda that the department issued during the Obama administration. These informal guidance memoranda addressed joint employer status as well as the distinction between employees and independent contractors. Importantly, all of the statutes and regulations addressing joint employer status as well as the distinction between employees and independent contractors remain binding; as the department's news release states the action of the department "does not change the legal responsibilities of employers under the Fair Labor Standards Act and the Migrant and Seasonal Agricultural Worker Protection Act, as reflected in the department's long standing regulations and case law." ....

...This issue of SuperVision includes the latest on class action waivers from Mitch Rhein, a look by Spencer Cook at the evolving field of sexual orientation discrimination in the workplace, and a summary of the most recent session of the West Virginia Legislature by Jay Ford. We appreciate the time that you have taken to review this edition of SuperVision and invite you to pass on any comments or feedback that you may have. We look forward to speaking with you throughout 2017.