Welcome to the third issue of SuperVision 2023! In this latest edition, we cover a variety of new laws, rulings and proposed regulations impacting employers, including the Corporate Transparency Act, as well as recent rulings and proposed rulemakings coming out of the National Labor Relations Board impacting unionization and employee handbooks, the Occupational Health and Safety Administration concerning new workplace safety standards, and the Department of Labor as it seeks to increase the minimum salary needed for exempt employees. We also update you on the impacts of West Virginia House Bill 3270 as it pertains to deliberate intent cases in West Virginia. We hope you find these topics of interest to your operations!

Spilman is proud to announce our official entrance into the Sunshine State with our new presence in Jacksonville, Florida! At the helm is Kevin L. Carr, a longstanding partner of the firm, co-chair of our Labor & Employment Law Practice Group, and experienced litigator and labor and employment lawyer. We are pleased to expand our footprint, bringing the Spilman Way and the full breadth of legal services that Spilman offers to Florida and beyond! You can learn more here.

In other news….We hope you are able to join us for the DRI Annual Meeting in San Antonio, TX from October 25-27, 2023. In addition to sponsoring the event, Spilman Members Kevin Carr, Eric Kinder and Stephanie Eaton are all attending. You can learn more and register here. If you attend, please reach out to Kevin, Eric and/or Stephanie. They would love to meet up in person.

We hope you enjoy this issue of SuperVision. As always, if you have any suggested topics you would like us to address here or in a webinar format, please let us know.

Thank you for reading.

Eric W. Iskra, Chair, Labor & Employment Practice Group

Carrie H. Grundmann, Executive Editor, SuperVision

By Joseph C. Unger

Effective January 1, 2024, most legal entities incorporated, organized, or registered to do business (i.e., LLCs, LLP, PLLC, Inc., Co., etc.) in a state must disclose information relating to its owners, officers, and controlling persons with the Financial Crimes Enforcement Network, a bureau of the U.S. Department of the Treasury, pursuant to the Corporate Transparency Act. 

Affected entities must report information including: (1) the reporting company; (2) the reporting company’s beneficial owners; and (3) “company applicants” who made the filings to create the entity. While the reporting obligations are effective January 1, 2024, the actual due date for the initial report will depend on when the entity was created.

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By Mitchell J. Rhein

With no chance of passing the Protecting the Right to Organize Act, we predicted that the Biden administration would seek to achieve pro-labor reforms through the National Labor Relations Board’s (the “Board”) rulemaking and adjudication processes. This prediction has proven true. The Board under the Biden administration has sought to interpret the National Labor Relations Act to improve unions’ chances of success, which has emboldened unions and resulted in organizing gains.

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By Chelsea E. Thompson

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 clear expectations and information employees need to successfully perform their jobs. It can be tempting to draft an employee handbook and then let it lie dormant assuming it will always remain as useful as the day it was drafted. The problem, however, is the law is constantly changing, the workplace evolves, and employers change their policies, often in practice before being updated in employee handbooks, leaving handbooks either inaccurate or non-compliant with current law. The recent decision by the National Labor Relations Board in Stericycle, Inc., 372 NLRB No. 113 (Aug. 2, 2023) is just such an example. 

This article discusses best practices for employee handbooks, accounting for the impact of the recent Stericycle decision. 

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By Mark E. Heath

The Occupational Safety and Health Administration is proposing a number of new rules that all employers need to track and to be prepared to respond. Here is an update on four significant topics making their way through the rulemaking process.  

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By Peter R. Rich

Let’s Do It Again

The Wage and Hour Division of the Department of Labor (DOL) recently announced its intent to significantly increase the standard salary threshold for the overtime exemption applicable to certain executive, administrative, and professional occupations, the so-called “white collar” overtime exemptions. This is the DOL’s third effort in the last eight years to adjust the standard salary. The proposed changes will require employers to again evaluate and consider their organizational approach to compensation for those currently performing exempt work below the proposed salary thresholds. 

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By H. Dill Battle III and Charity K. Lawrence

In the 2023 West Virginia Legislative Session, new legislation was passed to cap damages in deliberate intent cases. House Bill 3270 amends West Virginia Code § 23-4-2 and the deliberate intent exception to the exclusive remedy of workers’ compensation insurance for employee recovery for workplace injuries. The amendments limit noneconomic damages to $500,000 and heightens the burden of proof in deliberate intent cases based on occupational pneumoconiosis. The bill was effective 90 days from passage on June 8, 2023. The new legislation is not retroactive and applies to causes of action accruing on or after July 1, 2023.

Click here to read the entire article.