On August 14, 2024, the Fourth Circuit Court of Appeals issued an opinion reversing a prior decision of the U.S. District Court for the Western District of North Carolina regarding wrongful discharge under North Carolina law....more
Welcome to the fall issue of SuperVision, our labor and employment e-newsletter. In this edition, we cover the current status of the FTC’s attempts to ban noncompetes, OSHA’s proposed heat standard, how to handle political...more
10/2/2024
/ Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Harassment ,
Health and Safety ,
Heat Exposure ,
Lack of Authority ,
New Regulations ,
Non-Compete Agreements ,
Off-Duty Employees ,
OSHA ,
Political Speech ,
Public Policy ,
Regulatory Agenda ,
Workers' Compensation Claim ,
Workplace Safety
On April 17, 2024, the United States Supreme Court issued its unanimous decision in Muldrow v. St. Louis, 601 U.S. _____ (2024), which addressed the appropriate standard for evaluating whether a job transfer – even where the...more
4/26/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Diversity and Inclusion Standards (D&I) ,
Employee Transfers ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Hiring & Firing ,
Lateral Transfers ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
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
On October 27, 2023, the National Labor Relations Board (the “Board”) issued its final rule (“2023 Final Rule”) on joint employment. The rule becomes effective on December 26, 2023, and raises concerns for staffing agencies...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 Accreditation Overhaul for North Carolina (and Florida) Colleges -
Last month, North Carolina Governor Roy Cooper signed House Bill 8 (HB 8) into law. In addition to establishing a new computer science requirement for...more
11/8/2023
/ Accreditation ,
American Civil Liberties Union (ACLU) ,
Artificial Intelligence ,
Colleges ,
Cybersecurity ,
Data Protection ,
Data Security ,
Department of Education ,
Disability ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Electronic Monitoring ,
Financial Aid ,
First Amendment ,
Florida ,
Free Speech ,
Harassment ,
Information Technology ,
Name and Likeness ,
New Legislation ,
North Carolina ,
Online Safety for Children ,
Protests ,
Regulatory Agenda ,
Regulatory Requirements ,
Remote Working ,
Risk Management ,
Student Athletes ,
Students ,
Surveillance ,
Teachers ,
Technology ,
Universities
Summer is Coming: Are Youth Camps Part of Your Clery Compliance Program?
“Regarding compliance and safety, many institutions have youth protection policies that camps must follow.”
Why this is important: The Jeanne...more
5/24/2023
/ Artificial Intelligence ,
Colleges ,
Cybersecurity ,
Debt ,
Educational Institutions ,
Loan Forgiveness ,
New Legislation ,
Ransomware ,
School Districts ,
Sports ,
Student Loans ,
Students ,
Universities
On March 11, 2023, the West Virginia State Legislature enacted the Student Journalist Press Freedom Protection Act (the “Act”), Senate Bill 121. The Act requires “public high schools, colleges, and universities [to] allow for...more
5/3/2023
/ Colleges ,
Educational Institutions ,
Freedom of Expression ,
Journalists ,
New Legislation ,
Public Schools ,
State and Local Government ,
State Legislatures ,
Students ,
Universities ,
Virginia
ChatGPT’s Impact on Education and Student Data Privacy -
Data privacy professionals have characterized the data privacy risks associated with ChatGPT as a “nightmare.” In order to function, open artificial intelligence...more
5/1/2023
/ Alabama ,
Burden of Proof ,
Colleges ,
Commercial Litigation ,
Content Publishing ,
Defamation ,
First Amendment ,
Fox News ,
Free Speech ,
Human Trafficking ,
Libel ,
New Legislation ,
Permits ,
Political Speech ,
Public Forum ,
Public Use ,
Religious Accommodation ,
SCOTUS ,
Settlement ,
Students ,
Universities
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
In this edition, our team weighs in on a wide variety of issues relevant to the construction industry, ranging from OSHA’s increased focus on elevated work safety and anti-bias clauses in construction contracts to protecting...more
Welcome to our 6th edition of The Academic Advisor - our e-newsletter focused on education law insights. In this issue, we look at a variety of topics, including a recent federal court challenge to employment options for F-1...more
11/21/2022
/ Colleges ,
Cybersecurity ,
Department of Education ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Educational Institutions ,
F-1 Visa ,
Federal Trade Commission (FTC) ,
Foreign Exchange Students ,
FTC Act ,
Immigration and Nationality Act ,
Opioid ,
Personal Data ,
Ransomware ,
Section 5 ,
Student Privacy ,
Students ,
Substance Abuse ,
Title IX ,
Universities
New and Revised AAA Rules that May Affect Your Construction Contracts -
Does your contract contain a dispute resolution section that refers to the American Arbitration Association (“AAA”) rules, mediation and/or...more
Does your contract contain a dispute resolution section that refers to the American Arbitration Association (“AAA”) rules, mediation and/or arbitration proceedings? If so, then you need to be aware of some changes that took...more
Welcome to our fourth edition of The Academic Advisor - our e-newsletter focused on education law insights. As schools settle into the pace of fall semester/terms, we understand that you may experiencing a variety of familiar...more
CHIPS and Science Act Will Lower Costs, Create Jobs, Strengthen Supply Chains, and Counter China
"Spurred by the passage of the CHIPS and Science Act of 2022, companies have announced nearly $50 billion in additional...more
Welcome to our third edition of The Academic Advisor - our e-newsletter focused on education law insights. As fall semester begins, your schools and campuses are no doubt bustling with orientation, move-in, training, and...more
Is the U.S. Finally Getting a Comprehensive Cybersecurity and Data Protection Law? What You Need to Know About the Proposed American Data Privacy and Protection Act -
In the beginning of the 2000s, as a result of the...more
7/21/2022
/ Biotechnology ,
Consumer Privacy Rights ,
Coronavirus/COVID-19 ,
CRISPR ,
Cryptocurrency ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Facial Recognition Technology ,
Food and Drug Administration (FDA) ,
Nanotechnology
In the beginning of the 2000s, as a result of the advance in technology, the Federal Trade Commission (“FTC”) looked to Congress to pass legislation that would ensure protection of citizens' privacy rights. However, Congress...more
Welcome to our second edition of The Academic Advisor - our e-newsletter focused on education law insights. We hope you enjoyed our first issue and found it helpful. Our aim is to support the work that you do by bringing...more
7/20/2022
/ Biden Administration ,
Colleges ,
COPPA ,
Department of Education ,
Educational Institutions ,
Facial Recognition Technology ,
First Amendment ,
Free Speech ,
Proposed Regulation ,
Public Comment ,
School Districts ,
Students ,
Title IX ,
Universities
Universities Share Lessons Learned from Ransomware Attacks
"According to a recent Sophos poll of IT professionals, 44 percent of educational institutions suffered ransomware attacks in 2020, and 58 percent of those hit...more
6/24/2022
/ Colleges ,
Educational Institutions ,
FERPA ,
Non-Disclosure Agreement ,
Policies and Procedures ,
Ransomware ,
Sexual Abuse ,
Sexual Assault ,
Sexual Violence Policies ,
Students ,
Title IX ,
Universities
On March 18, 2022, the House of Representatives passed the Creating a Respectful and Open World for Natural Hair Act ("CROWN Act") of 2022. The purpose of this bill is to address the routine deprivation of educational and...more
Where Does Employer Liability for Workplace Injuries in a Post-COVID Work End? Liable at Work, but Not Off-Site?
The COVID-19 pandemic and post-pandemic era saw an increase in the number of employees working from home. For...more
Data Breach Corner - Cash App Data Breach Affects More than 8M Users -
"A former employee of the company downloaded reports containing the personal information of U.S. users."
Why this is important: Not all data...more