SuperVision - Labor & Employment Insights, Issue 2, July 2024

David Amsbary, Carrie Grundmann, Eric Iskra, Malcolm Lewis, Mitchell Rhein, Peter Rich, Chelsea Thompson
Spilman Thomas & Battle, PLLC
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July 31, 2024

Welcome!

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, Workplace Investigations, Leave under the Family and Medical Leave Act, the DOL’s Recent Changes to the Salary Basis Test, and the Impact of the Supreme Court’s decision overturning Chevron. We hope you find these topics engaging and informative. 

As always, thank you for reading. 

Anticipating the Impact on Employers Post-Chevron Being Overturned

By Carrie H. Grundmann

On June 28, 2024, the United States Supreme Court decided Loper Bright Enterprises v. Raimondo (Loper), overturning and eliminating the Chevron doctrine or Chevron deference, a legal principle established by a 1984 decision of the Supreme Court known as Chevron U.S.A., Inc. v. Natural Resources Defense Council. For precisely four decades, the Chevron doctrine obligated lower courts to defer to federal agencies' interpretations of ambiguous laws provided the agency's position was reasonable. Under the new standard post-Chevron, courts are no longer obligated to defer to an agency’s interpretation but must now exercise independent judgment in construing statutes administered by agencies in order to determine the "best reading" of the law, using all relevant interpretive tools. This begs the question, what does the United States Supreme Court’s decision overturning Chevron mean for employers? 

Click here to read the entire article.

Five Best Practices for Effective Workplace Investigations

By David D. Amsbary

A safe, productive workplace is one in which issues are dealt with in a swift, fair, and consistent manner. One of the primary tools for accomplishing this goal is a credible, thoughtful process to identify, analyze, and address issues: the workplace investigation.

Although no two investigations are identical, there are certain characteristics of an effective workplace investigation. This article highlights five such elements, including: a solid plan, a competent investigator, a thorough analysis of the facts, a thoughtful analysis of credibility, and a final report, written or otherwise. 

Click here to read the entire article.

FMLA Doesn’t Allow an Employee to Nap on the Job – Does It?!

By Chelsea E. Thompson

The Family 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 for employers. Though each FMLA case is different and must be decided on its own facts, employers can look to past FMLA cases for guidance. One recent FMLA case captured national attention because it asked a federal court: is an employee’s on-the-job nap covered by the FMLA? While many would immediately assume that the answer is “No, of course she cannot sleep on the job!”, the answer is more nuanced. 

Click here to read the entire article.

Navigating AI in HR: The Benefits and Risks of Using Artificial Intelligence in Employment Policies

By Mitchell J. Rhein and Malcolm E. Lewis

Artificial intelligence (AI) can be a tool used by employers to save time and improve compliance when drafting employment policies. However, AI’s current usefulness has limits and comes with risks. For example, when asked to “draft a policy regarding payment of wages following the separation of employment that complies with West Virginia law,” ChatGPT produced the following policy.

Click here to read the entire article.

DOL Final Rule Imposed a Series of Increases to Minimum Salary Threshold for Overtime Exemptions

By Peter R. Rich

As we reported last fall, the Wage and Hour Division of the Department of Labor (DOL) issued a proposed rule in September 2023 to significantly increase the standard salary level applicable to the overtime exemption for certain executive, administrative, and professional occupations, the so-called “white collar” exemptions, and to the “highly compensated employee” (HCE) overtime exemption. This was the DOL’s third effort in recent years to adjust the salary threshold. The DOL rule became final on April 23, 2024, with the first effective salary increase effective on July 1, 2024, and establishing additional increases thereafter as follows.

Click here to read the entire article.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Spilman Thomas & Battle, PLLC

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