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.

Supervision Symposium – June 18, 2026 at Embassy Suites in Charleston, WV

This week, you can read articles from Spilman attorneys on the biggest developments impacting your workplace. Next week, you are invited to join us in person on June 18 in Charleston, West Virginia, for the annual SuperVision Symposium, a complimentary full-day event tailored for business owners, C-suite executives, HR professionals, and anyone who manages employees to help you navigate complex employment issues. This year’s presentation is a masterclass on issues facing the modern workplace. We will cover AI, investigations, litigation, immigration, labor law, accommodations, and much more. Click here to learn more and register.

Welcome, Nelson McKown!

Please join us in welcoming Nelson A. McKown to the firm! Nelson’s practice focuses on labor and employment issues with a particular emphasis on traditional labor law matters. He guides companies through union organizing campaigns, unfair labor practice charges, collective bargaining negotiations, union avoidance, and supervisory training, and he represents employers in matters before the National Labor Relations Board. Nelson also defends employers and supervisors in a broad range of employment-related litigation, including discrimination, harassment, retaliation, wrongful discharge, contract, and tort claims before federal and state courts and arbitrations. He is admitted to practice law in North Carolina and West Virginia. Click here to learn more.

Thank you for reading!

Eric W. Iskra, Member; 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 Eric E. Kinder

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. Consistent with the President’s Executive Orders and priorities, my priorities will include rooting out unlawful DEI-motivated race and sex discrimination; protecting American workers from anti-American national origin discrimination; defending the biological and binary reality of sex and related rights, including women’s rights to single‑sex spaces at work; protecting workers from religious bias and harassment, including antisemitism; and remedying other areas of recent under-enforcement.

President Appoints Andrea R. Lucas EEOC Acting Chair, EEOC Press Release (January 21, 2025). The EEOC has focused on those areas.

Click here to read the entire article.

By Michael S. Garrison

On March 4, 2026, the Virginia General Assembly approved Senate Bill No. 170, which limits the enforceability of restrictive covenants, or non-compete clauses, for certain terminated employees. If signed by the Governor, the bill would invalidate non-competes for employees who are laid off without severance benefits or other monetary payment, unless they are terminated for cause. The severance benefits or monetary payment must be disclosed to the employee upon execution of the restrictive covenant. Under the measure, employers could no longer enforce non-compete clauses with healthcare professionals licensed, registered or certified by state regulatory boards.

Click here to read the entire article.

By Peter R. Rich

Marijuana and its legalization remain a constant topic of conversation for employers. Depending on your state, marijuana may be legal solely for medical use or also legalized for recreational use. It remains important for employers to understand how state and federal regulations of marijuana intersect with company policies and the law related to disabilities.

Most recently, the Drug Enforcement Administration of the U.S. Department of Justice (DOJ) reclassified medical marijuana from Schedule I to Schedule III under the federal Controlled Substances Act (CSA). The reclassification was prompted by an Executive Order issued by President Trump on December 18, 2025, to allow for increased research on beneficial medical uses for marijuana and CBD. Schedule III, unlike Schedule I, includes drugs with some degree of recognized medical use and with a lesser potential for abuse. This move will place medical marijuana closer to – but not on par with – other prescription medicines. Although medical marijuana has been reclassified, it is important to recognize that it has not been legalized. This dual status creates some confusion for employers. 

Click here to read the entire article.