The Family and Medical Leave Act (FMLA) – a federal law that provides 12 weeks of unpaid leave to employees for their own serious health condition or a family member’s serious health condition – can present tricky situations...more
Welcome to the Summer issue of SuperVision, our labor and employment e-newsletter. We continue to see substantial activity and legal developments impacting employers. In this edition, we cover Artificial Intelligence,...more
8/1/2024
/ Artificial Intelligence ,
Chevron Deference ,
Chevron v NRDC ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Final Rules ,
Government Agencies ,
Human Resources Professionals ,
Machine Learning ,
Minimum Wage ,
Over-Time ,
Regulatory Agenda ,
Statutory Interpretation ,
Threshold Requirements ,
Wage & Hour Division (WHD) ,
Wage and Hour ,
Workplace Investigations
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
The adage “an ounce of prevention is worth a pound of cure” could have been coined with employee handbooks in mind. A well-drafted employee handbook can solve many employment-related problems before they arise by providing...more
New Business Reporting Obligations for Employers: Beneficial Ownership Information Under the Corporate Transparency Act -
Effective January 1, 2024, most legal entities incorporated, organized, or registered to do business...more
10/3/2023
/ Beneficial Owner ,
Business Entities ,
Corporate Transparency Act ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Policies ,
Intentional Torts ,
Legislative Agendas ,
Minimum Wage ,
New Legislation ,
NLRA ,
NLRB ,
OSHA ,
Over-Time ,
Policies and Procedures ,
Regulatory Agenda ,
Reporting Requirements ,
State Labor Laws ,
Unions ,
Workplace Safety
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
In this fourth and final issue of SuperVision for 2022, we asked our Spilman Team to highlight some of the big labor and employment developments from 2022 and to preview issues they expect to see in 2023. Consider this our...more
12/15/2022
/ Collective Bargaining ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Marijuana ,
Pay Transparency ,
PHRA ,
Remote Working ,
Unions ,
Workplace Safety ,
Workplace Violence ,
Workplace Violence Prevention Programs
Parental leave was, once again, in the forefront of public discourse, as the internet debated the appropriateness of Parag Agrawal, the CEO of Twitter, announcing his intention to take “a few weeks” off work following the...more
The Impact of "Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021" on Employer's Arbitration Provisions -
On March 3, 2022, President Biden signed into law H.R. 4445, “Ending Forced Arbitration...more
4/1/2022
/ Americans with Disabilities Act (ADA) ,
Arbitration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Discrimination ,
Federal Arbitration Act ,
Mandatory Arbitration Clauses ,
Paternity Leave ,
Sexual Assault ,
Sexual Harassment
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
Syracuse University Hit with Another Class Action Lawsuit Over Pandemic Refund Policy -
"She is looking to represent an estimated tens of thousands of students who paid for tuition in the spring semester of 2020."
Why...more
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
On August 2, 2021, the high profile union campaign at the Amazon warehouse in Bessemer, Alabama took another interesting turn, as a hearing officer with the NLRB recommended that the Board throw out the earlier union election...more
[co-author: Kelsie Wiltse]
Welcome to our third issue of the 2021 edition of SuperVision. It is no surprise that the ongoing COVID-19 pandemic is still causing issues -- and that certainly includes issues for employers....more
8/6/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Policies ,
Infectious Diseases ,
NLRB ,
Unions ,
Vaccinations ,
Wage and Hour ,
Workers' Compensation Claim ,
Workplace Safety
Welcome to the eleventh, post-Memorial Day issue of the 2021 edition of Unprecedented. As India and Peru experience record COVID-19 cases, many parts of the United States have reached a return to normality that was...more
6/2/2021
/ Business Losses ,
Commercial Insurance Policies ,
Coronavirus/COVID-19 ,
Due Process ,
Employer Liability Issues ,
Equal Protection ,
Furloughs ,
Infectious Diseases ,
Negligence ,
Rule 10b-5 ,
Securities Exchange Act ,
Vaccinations
Welcome to the tenth issue of the 2021 edition of Unprecedented. The big news from the past two weeks was the Center for Disease Control’s announcement of new guidance allowing fully vaccinated individuals to go unmasked in...more
On April 9, 2021, all eyes were on Bessemer, Alabama as votes were counted in the most highly publicized union vote in recent memory. President Biden, politicians, activists, nonprofits, and celebrities all weighed in, and...more
Welcome
With the second issue of the 2021 edition of SuperVision, we are focusing on "what's next." More than 100 days into Biden's Presidency and with more than 100 million Americans fully vaccinated from COVID-19, we...more
5/6/2021
/ Americans with Disabilities Act (ADA) ,
Arbitration Agreements ,
Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Contract ,
Employment Policies ,
Infectious Diseases ,
NLRB ,
OSHA ,
Section 7 ,
Vaccinations ,
Website Accessibility ,
Workplace Safety
Welcome to the fourth issue of the 2021 edition of Unprecedented. For decades, asbestos lawyers have dealt with so-called secondary exposure claims where plaintiffs allege that they were injured by asbestos fibers carried...more