It is our last SuperVision issue of the year! We are covering a wide variety of topics in this edition, including a look back at 2025 and a look forward to 2026, AI and its impact on hiring, the recent status of disparate impact claims, immigration, joint employer issues, and the impact of legislation passed in Virginia in July 2025.

A sincere thank you to everyone who read our publication this year. As we plan for 2026, please let us know any changes you might want to see. Do you have topics we should address? A change in the format? Please feel free to email us with all thoughts and suggestions.

2026 National Labor & Employment Law Symposium, February 1, 2026, Steamboat Springs, Colorado

Do you like to ski and learn about the law? If so, please plan to join a gathering of top labor and employment lawyers for the latest legal updates in a close-knit, collegial atmosphere. More than a dozen sessions, in a roundtable format, will cover cutting-edge labor and employment topics. In between sessions, participants will have plenty of time to enjoy skiing in Steamboat Springs or networking. Click here to learn more.

Congratulations!

We are very pleased to announce that Spilman’s own Gerald M. Titus III has been appointed by Governor Patrick Morrisey to serve on the Supreme Court of Appeals of West Virginia, filling the vacancy created by the tragic passing of Justice Tim Armstead. Michael J. Basile, Spilman’s Managing Member, said it best:

"Governor Morrisey could not have selected a more capable or principled individual. Gerald has been an indispensable member of our firm for many years. His legal acumen, judgment, and character make him exceptionally well-suited for this role, and we are immensely proud to see him reach this milestone in his career."

Click here to learn more.

Additionally, David D. Amsbary, a partner in our Huntington office and valuable member of Spilman’s labor and employment team, was appointed by Governor Morrisey to serve as Judge on the Sixth Judicial Circuit in Cabell County following the retirement of Judge Paul T. Farrell in October. Click here to learn more.

We are always thankful to those of you who support this publication. We wish you all Happy Holidays and a Happy New Year!

Thank you for reading.

Eric W. Iskra, Member in Charge of Lawyer Administration; Chair, Labor and Employment Practice Group; Chair-Elect, ABA Labor and Employment Law Section



Carrie H. Grundmann, Member; Chair, Energy Law Practice Group; Executive Editor, SuperVision

By Emily R. Merritt

Since taking office earlier this year, President Trump has signed a flurry of executive orders, many of which greatly impact employment-related issues for employers. For example, Executive Order 14159, “Protecting the American People Against Invasion,” stepped up the enforcement of immigration laws through the U.S. Immigration and Customs Enforcement, the U.S. Department of Homeland Security, and the U.S. Department of Health and Human Services. Critically, however, there have not been any new immigration laws executed under the Trump administration. Instead, E.O. 14159 operates under the authority of existing immigration law, the Immigration and Nationality Act, 8 U.S.C. § 1302. Under this Executive Order, immigrants who do not comply with the Act’s registration requirements could receive civil penalties, be removed from the United States, or be detained.

Click here to read the entire article.

By Eric E. Kinder

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. Importantly, this can be true even where the two entities are, by outward appearances, separate.

Click here to read the entire article.

By Julian F. Harf

A Virginia law that took effect on July 1, 2025, has expanded the potential liability of employers in certain personal injury and wrongful death actions. Under Virginia’s traditional standard for vicarious liability, an employer could only be held liable for the tortious acts of its employee if the employee acted within the scope of employment. Virginia Code § 8.01-42.6 changes the landscape. The law provides a mechanism to hold employers liable for their employees’ tortious acts under certain circumstances involving “vulnerable victims,” regardless of whether the tortious conduct arose while the employee was performing a job-related service for the employer.

Click here to read the entire article.