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Articles by Eric Kinder
The DOL's New Travel Time Policy: A Commute is a Commute, No Matter When It Occurs | JD Supra
Employers have long struggled with determining what is and what is not compensable when considering the time an employee spends traveling. The general rules are fairly straightforward. For instance, ordinary commuting time is not considered hours worked under the Fair Labor Standards Act (FLSA) and need not be paid. This includes time spent "walking, riding, or traveling to and from the actual place of" work. 29 U.S.C. § 254(a)(1).
SuperVision - Labor and Employment Law Inisghts, Issue 2, 2026
June 8, 2026 Welcome! Welcome to the Second Issue of SuperVision in 2026! In this edition, we bring you the latest from the EEOC and NLRB, updates on the numerous new Virginia employment laws passed in the 2026 Legislative Session, and discuss the impact of the federal government’s reclassification of medical marijuana as a Schedule I drug on drug testing policies and ADA accommodations.
The Latest from the EEOC: A Review of the EEOC’s Priorities
Introduction Upon her appointment as Acting Chair of the EEOC in January of last year, a position that has since been elevated to Chair, Andrea R. Lucas said: In recent years, this agency has remained silent in the face of multiple forms of widespread, overt discrimination.
The Health Record - Healthcare Law Insights, V 3, Issue 1, 2026 | JD Supra
Volume 3, Issue 1, 2026 Welcome Welcome to our first issue of 2026 of The Health Record -- our healthcare law insights e-newsletter. We have been publishing The Health Record for three years and we hope you find it informative and helpful. We appreciate you taking the time to read and engage with our content.
Common HIPAA Pitfalls | JD Supra
All readers of The Health Record understand the importance of complying with HIPAA’s Privacy, Security and Breach notification rules. But where do violations most often occur? 1. Forgetting the obligation to perform an organization-wide risk analysis. HIPAA rules require covered entities to regularly perform an organization-wide risk analysis and the Office of Civil Rights will issue financial penalties to employers, often in seven figures, for the failure to do so.
The Joint Employer Roller Coaster Crests Another Hill | JD Supra
The last several federal administrations have gone back and forth regarding how to define a joint employer under federal law and specifically under the Fair Labor Standards Act (FLSA). For the uninitiated, a joint employer exists where two separately incorporated entities are treated as a single employer with respect to an employee or group of employees. Joint employers are jointly and severally liable for FLSA compliance, including any wages, damages and penalties owed to the employees.
The Health Record - Healthcare Law Insights, V 2, Issue 3, March 2025 | JD Supra
Volume 2, Issue 3, 2025 Welcome Welcome to our third issue of 2025 of The Health Record -- our healthcare law insights e-newsletter.
Being Clear with Your Employees’ Paychecks; Pay Transparency on the Rise | JD Supra
One trend we see continuing in 2025 is state and local laws requiring employers to be more transparent in how they pay their employees. These requirements come in two varieties. First, more states and cities are requiring private sector employers to disclose the actual pay range for a job to both applicants and employees. This can mean either stating the pay range as part of the application or recruitment process, allowing employees to inquire about that range after hiring, or both.
The Site Report - Construction Industry Insights, Issue 5, May 2024 | JD Supra
Issue 5, 2024 Welcome to our fifth issue of 2024 for our construction industry insights e-newsletter - The Site Report.
Decoded Technology Law Insights, V 5, Issue 4, May 2024 | JD Supra
Volume 5, Issue 4 Welcome Welcome to the fourth issue of 2024 of Decoded - our technology law insights e-newsletter. Thank you for reading! MIT Report Details New Cybersecurity Risks “Cloud misconfigurations, more sophisticated ransomware, and vendor exploitation attacks are contributing to rising cyberattacks.” Why this is important: Worldwide spending on cybersecurity and risk management is projected to hit $215 billion in 2024.
Everything Old is New Again: The Department of Labor Returns to the Past with Independent Contractors | JD Supra
It has been said that if you wait long enough, everything comes back into fashion. This saying is true even for the U.S. Department of Labor (DOL), where on March 11, 2024, the DOL reverted back to the multifactor, totality-of-the-circumstances, economic reality test that had been used for decades to determine when a worker should be classified as an employee or an independent contractor.
DOL Raises Salary Requirements for Overtime Exemptions | JD Supra
The U.S. Department of Labor (DOL) announced April 23, 2024 it will increase the minimum annual salary that is required to make certain white-collar employees to be eligible for overtime (often referred to as the executive, administrative, and professional exemptions from the Fair Labor Standard Act’s overtime requirements).
SuperVision - Labor & Employment Law Insights, Issue 1, April 2024 | JD Supra
By Sarah E. Kowalkowski People in the workplace communicate more often and via more methods than ever before. Quite often, many of these methods of communication—emails, text messages, and instant messages on platforms like Slack or social media—are less formal than communication methods of the past. While these methods may encourage a less formal style of communication, any form of written communication can become evidence in litigation.
FTC Bans Noncompetition Agreements | JD Supra
On April 23, 2024, the Federal Trade Commission (FTC) approved on a split vote a proposed rule that bans virtually all employment noncompetition agreements nationwide. The rule was first proposed in 2023 and is scheduled to go into effect 120 days after it is formally published, which, for now, would be approximately late August 2024.
Unemployment Insurance: West Virginia
Federal law and guidance on this subject should be reviewed together with this section. Author: Eric E. Kinder, Spilman Thomas & Battle, PLLC Summary Most employers are subject to the West Virginia Unemployment Compensation Law. See Employer Coverage. Claimants must meet certain requirements in order to be eligible for unemployment benefits. See Employee Eligibility. Claimants may be disqualified from receiving unemployment benefits in certain cases. See .
The Pregnant Workers Fairness Act Changes the Game for Expectant Mothers in the Workplace | JD Supra
This past year has brought with it expanded employment protections for new and expectant working mothers. These protections, in the form of two federal laws, alter the landscape for how employers can consider the needs of expectant and new mothers in the workplace. The most significant change is the the Pregnant Worker Fairness Act (“PWFA”), which creates new reasonable accommodation requirements for most employers when considering pregnancy-related limitations of their employees and applicants.
SuperVision - Labor & Employment Insights, Issue 4, December 2023 | JD Supra
By Kelsie A. Wiltse 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 and their clients, franchisors/franchisees, and contractors/subcontractors.
SuperVision - Labor and Employment Law Insights, Issue 4, 2022 | JD Supra
By: Kevin L. Carr A Gallup Poll (August 2022) reports that 71 percent of Americans approve of labor unions, the highest approval rating in nearly 60 years. It is no surprise that this meteoric rise in union popularity comes at a time when unions were in the news on a near-daily basis and involving businesses like Amazon, Starbucks and Trader Joe's.
Avoiding the Latest Handbook Traps for the Unwary in the Age of Remote Work | JD Supra
Most employers know their employee handbooks need to be living documents that are reviewed and updated when conditions change. If any employer doubted the need for doing this, the past two years should have convinced them otherwise – with the need to incorporate policies to address statutorily mandated COVID-19 sick leave and/or vaccinations. While many of the mandatory COVID-19 sick leave policies are sunsetting, the sun is just rising for remote work issues.
Bill Ending Forced Arbitration of Sexual Assault and Sexual Harassment Claims Heads to President's Desk | JD Supra
Late yesterday, the United States Senate approved a bill that will ban employers from requiring employees to settle sexual harassment and sexual assault claims in arbitration without the option of filing a civil lawsuit. The House of Representatives passed the bill earlier this week. Accordingly, the bill, which had broad bipartisan support, was sent last night to President Biden, who is expected to sign it promptly.
Vax or Test has Arrived | JD Supra
OSHA’s long-anticipated (as we have previously discussed) COVID-19 Emergency Temporary Standard ("ETS") is out and, as promised, it will require companies with at least 100 employees – across all facilities – to either institute a vaccine mandate or compel unvaccinated employees to submit to weekly testing and workplace masking for at least the next six months.
All Employers with 100 (or more) Employees Will be Required to Implement Mandatory COVID-19 Vaccines or Ensure Their Employees are Tested Weekly | JD Supra
The Biden administration is instructing the Department of Labor’s Occupational Safety and Health Administration (OSHA) to develop a rule that will require all employers with 100 or more employees to ensure their workforce is fully vaccinated or require any workers who remain unvaccinated to produce a negative test result on at least a weekly basis before coming to work.
Nursing Home COVID-19 Vaccination Mandate | JD Supra
President Biden is putting nursing homes on notice that all of their employees will need to be vaccinated against COVID-19, if the homes intend to continue participating in Medicare or Medicaid. The administration has directed the Department of Health and Human Services to develop an emergency regulation mandating COVID-19 vaccinations for all staff members as a condition for receiving funds from Medicare and Medicaid.
One Rule to Guide Them All: West Virginia Legislature Enacts Uniform Rule for Distinguishing Independent Contractors from Employees | JD Supra
For years, West Virginia businesses have had to consider varying standards for determining whether a worker is considered an employee or an independent contractor by state agencies. The West Virginia Legislature has attempted to fix that problem by enacting the West Virginia Employment Law Worker Classification Act (“the Act”).
The American Rescue Plan Act Creates COBRA Subsidies and New Notice Requirements Beginning April 1 | JD Supra
As part of the recently enacted American Rescue Plan Act of 2021 (“ARP”), certain COBRA eligible individuals are eligible for temporary premium subsidies April 1 to September 30, 2021. These subsidies will cover 100 percent of the premium for certain individuals who qualify for COBRA coverage. It will be up to the former employer to pay the COBRA premium for subsidy-eligible individuals; employers can then take a credit against their Medicare payroll taxes to cover the cost of the subsidy.
Tax Credits Remain in Place for Employers Who Provide COVID-19 Leave | JD Supra
The Families First Coronavirus Relief Act ("FFCRA") that mandated two weeks of paid sick leave for COVID-19 reasons – and extended the FMLA by protecting leave relating to the need for child care because of COVID-19 – expired at the end of 2020. The stimulus package that was passed at the very end of 2020 extended the payroll tax subsidy for employers offering workers paid sick leave, but did not extend the mandate.
Congress Briefly Extends Part of the FFCRA | JD Supra
The Families First Coronavirus Relief Act ("FFCRA") was passed by Congress this spring to mandate two weeks of paid sick leave for COVID-19 reasons and to extend the FMLA by creating a new reason for FMLA leave relating to the need for child care because of COVID-19. The details of the FFCRA were covered by the Spilman COVID-19 Task Force at the time of passage here. The FFCRA was set to expire at the end of 2020, and there had been little noise out of Congress that it would be extended.
What Can We Expect from a Biden Administration? | JD Supra
As President-elect Joe Biden begins to transition into the Oval Office, employers cannot help but look ahead to what the next four years may hold. Although a Biden administration may be limited in what it wants to do because of a possible Republican majority in the Senate, the campaign indicated on which it is likely to focus.
SuperVision - Labor and Employment Law Insights: Issue 3, December 2020 | JD Supra
What Can We Expect from a Biden Administration? As President-elect Joe Biden begins to transition into the Oval Office, employers cannot help but look ahead to what the next four years may hold. Although a Biden administration may be limited in what it wants to do because of a possible Republican majority in the Senate, the campaign indicated on which it is likely to focus.
SuperVision - Labor and Employment Law Insights: Issue 2, September 2020 | JD Supra
The Editors' Note - Welcome to this edition of SuperVision, the e-newsletter for Spilman Thomas & Battle's Labor & Employment Law Group. 2020 continues to bring unforeseen challenges, but employers are beginning to get back to work at full strength. Meanwhile, the CDC dropped their recommendation that employees who travel overseas or even out-of-state should quarantine for 14 days.
Federal Court in New York Takes Issue with Some Sections of the Rule Implementing the FFCRA: What Does It Mean for You? | JD Supra
In response to a lawsuit filed by the State of New York, a judge in the Southern District of New York considered and invalidated parts of the Department of Labor's (“DOL”) Final Rule implementing the Families First Coronavirus Relief Act (“FFCRA”). The ruling, while currently only applying to employers in the Southern District of New York (i.e., New York City), could be instructive on how other courts consider the same provisions.
In Case You have Nothing Else to Do, the DOL has Changed Their Approved FMLA Paperwork (but It's Not that Big of a Deal) | JD Supra
While most employers and HR departments still are addressing issues related to the COVID-19 pandemic, the U.S. Department of Labor ("DOL") issued new standard forms for handling Family and Medical Leave Act ("FMLA") claims. Specifically, there are new forms for FMLA notice of eligibility, designation notice, and medical certification for employees to use. At first glance, the new forms look quite different than their predecessors, but there are no major changes.
An Employer's Guide for Handling Vacation Issues in the Time of COVID-19 | JD Supra
Even in more traditional times, summer posed staffing issues for most employers, as employers juggled employee vacation requests while working to maintain a functional workplace. Of course, the COVID-19 pandemic resulted in stay-at-home orders in most states which either limited the ability of some businesses to operate or resulted in businesses furloughing employees or having them work from home. As businesses reopen, many employers have imposed vacation restrictions to address pent-up demand.
SCOTUS: LGBTQ Protected Class Under Civil Rights Act of 1964 | JD Supra
In a landmark decision issued yesterday, the Supreme Court of the Unites States ruled that Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination against gay, lesbian, and transgender people. The case involved consolidated lawsuits filed by two gay persons fired due to their sexual orientation and a transgender woman fired after revealing plans to transition from male to female.
EEOC Delays EEO-1 Filing Obligations Due to COVID-19 | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
This Too Shall Pass: and Then What? Part 2 - Legal Considerations for Return-to-Work Decision-Making | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
COVID-19 Update - West Virginia Announces Plan to "Reopen" | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Social Distancing Rules Now in Place for Businesses in All WV Counties | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
This Too Shall Pass: and Then What? Part 1 - Logistics of Returning Employees to the Workplace | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
COVID-19 Employer Checklist | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Protecting Yourself and Your Organization from COVID-19 Scams | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Emergency Federal Leave is Now Reality. What Does It is Mean for Your Business? | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
COVID-19: Best Practices in the Workplace | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
DOL Adopts New Salary Threshold for White Collar Overtime Exemption | JD Supra
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SuperVision - Labor and Employment Law Insights: Issue 3, 2019 | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
SuperVision - Labor and Employment Law Insights: Issue 2, 2019 | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
DOL Proposes Updates to the Overtime Rule to Account for Inflation Over the Past 15 Years | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
SuperVision - Labor & Employment Law Insights - Issue 1, March 2019 | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
SuperVision - Labor & Employment Law Insights - Issue 3, September 2018 | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
SuperVision - Labor & Employment Law Insights - Issue 2, June 2018 | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
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