On September 6, 2022, the National Labor Relations Board (the “Board”) issued a notice of proposed rulemaking ("NPRM") regarding the standard for determining joint employer status under the National Labor Relations Act ("NLRA"). The rule as proposed would effectively overturn a rule on the same subject issued just over two years ago during the Trump administration. Joint employment status has been a bit of a tennis match since President Obama’s second term when that Board made it easier to find joint employment status...
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Federal Circuit Court Holds that Gender Dysphoria is a Protected Disability Under the Americans with Disabilities Act
The Fourth Circuit Court of Appeals (covering Virginia, West Virginia, North Carolina, South Carolina, and Maryland) held that gender dysphoria, a condition experienced by some transgender individuals, is a protected disability under the Americans with Disabilities Act. See Williams v. Kincaid, No. 21-2030 (4th Cir. Aug. 16, 2022).This ruling extends the protections of the Americans with Disabilities Act (“ADA”), such as the right to a reasonable accommodation, to individuals with gender dysphoria...
Charleston, W.Va. — Spilman Thomas & Battle (Spilman) announced that Charles W. “C. W.” Pace, Jr., recently joined the law firm as a partner in its Charleston office. Pace’s primary areas of practice are estate planning, probate, commercial transactions, corporate law, and tax. He regularly provides advice and assistance to clients on a wide array of estate planning strategies, including various forms of complex transfer tax planning strategies, business succession, special needs trusts, and charitable trusts. He also advises fiduciaries on trust, probate, and estate matters...
Charleston, W.Va. — Spilman Thomas & Battle (Spilman) announced that two new associates have joined the law firm. Grace K. Dague joined the firm’s Charleston, West Virginia office. A recent graduate of West Virginia University College of Law, her application with the West Virginia State Bar currently is pending. Once admitted to the Bar, her primary areas of practice will be corporate law and real estate law. James W. McCauley Jr. joined Spilman’s Roanoke, Virginia office. A graduate of Widener Commonwealth Law School, he recently earned his Master of Laws degree from the University of Florida Levin College of Law...