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Veterans Day: A Day to Remember, to Honor, and to Reexamine Compliance with Laws Protecting Servicemembers
By Michael D. Jefferson
As a veteran of the United States Marine Corps and someone who has seen the challenges that veterans face firsthand, I can attest to the benefits of giving veterans an opportunity to return to work following periods of service and providing families with the opportunity to manage the needs of their servicemembers. At Spilman, we feel that employers should adhere to best practices guidelines and prepare to implement and facilitate such enforcement. Since our country just celebrated Veterans Day, it is fitting to review the laws that govern the hiring and employment of servicemembers, whether they are on active duty, reservists, or retired, and ensure that businesses are compliant.

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Working with Union Experts After an Accident: A Federal Appeals Court Sides with the Union's Right to Inspect
By Mitchell J. Rhein
A federal appellate court in the Midwest suggests that while unions do not have blanket approval to inspect an employer's worksite, the union's interest in safety generally will outweigh an employer's interest in confidentiality and property rights.

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Calling in Sick: Pittsburgh Sick Leave Law Delayed
By Peter R. Rich
There is a new targeted effective date for an ordinance passed by Pittsburgh's City Council requiring most city businesses to provide sick leave to full-time and part-time employees. Implementation of the legislation was postponed under an agreement reached by the city and groups challenging the law in court. 

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Notes from the Chair and Executive Editor
Welcome to the fourth quarter edition of SuperVision Today, Spilman's labor and employment law e-newsletter. With the calendars getting ready to roll over to 2016, the New Year marks a perfect opportunity for a complete review of your employment practices and policies. This is especially true this year as the Department of Labor has promised substantial changes to the salary basis for exempt employees; changes that will almost certainly require a review of wage and hour policies. To assist on this front, we will be sharing information on our human resources audit toolkit with our friends and clients who attended a SuperVision symposium this year. These tools are customizable so you can select the parts you need or work with us for a complete review and tune-up. If you did not make it to one of our SuperVision seminars, but are still interested, please feel free to contact any of us here at Spilman for more information.

Our commitment to bringing you up-to-date information to assist in your HR functions will continue in early December as we present a webinar on background checks. The final details have not been developed yet. However, we anticipate that the presentation will be scheduled during the "lunch hour (noon EST)" and will cover everything you need to know for conducting legal background checks and how to use the information lawfully. Keep a lookout for registration information.

In this edition of SuperVision Today, Larissa Dean explores some of the implications of the NLRB's recent changes to the definition of joint employer. Mike Jefferson offer a crash course reminder on veteran issues. Mitch Rhein examines recent developments in cooperating with unions in safety investigations, and Pete Rich informs our Pittsburgh clients on a new city ordinance that will mandate paid sick leave (and touch on the likelihood that it will be overturned in the courts).

We appreciate the time you have taken to review this edition of SuperVision Today and invite you to share with us any comments or feedback. We look forward to speaking with you throughout 2016.

Eric W. Iskra, Chair, Labor & Employment Group
Eric E. Kinder, Executive Editor, SuperVision Today
Update: The NLRB and Single Integrated Employers
In October, the NLRB employed a little-used procedural doctrine to issue a consolidated complaint against a parent company of a chain of hospitals located throughout the U.S. The NLRB issued the consolidated complaint, which included 29 unfair labor practice charges, against Community Health Systems, Inc. and seven wholly-owned subsidiary hospitals located in Ohio, Kentucky, West Virginia and California under the "single integrated employer" doctrine. The NLRB alleges that the hospital chain maintains rules that infringe on employees' rights to discuss wages, hours and working conditions, that it retaliated against employees who participate in union activities, and that it failed to engage in good-faith collective bargaining with the union.

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Spilman Ranked in First Tier for Labor & Employment Law

We are pleased to announce that the firm was ranked as a Tier 1 Metropolitan "Best Law Firm" by U.S. News -- Best Lawyers in Employment Law - Individuals, Employment Law - Management, Labor Law - Management, Litigation - ERISA, and Litigation - Labor & Employment. Rankings are based on a rigorous assessment process involving client and lawyer evaluations and peer reviews.
Excellence. Value. Get There.
This is an attorney advertisement. Your receipt and/ or use of this material does not constitute or create an attorney-client relationship between you and Spilman Thomas & Battle, PLLC or any attorney associated with the firm. This e-mail publication is distributed with the understanding that the author, publisher and distributor are not rendering legal or other professional advice on specific facts or matters and, accordingly, assume no liability whatsoever in connection with its use.

Responsible Attorney: Eric W. Iskra