As part of his plan to combat the ongoing COVID-19 pandemic, President Biden previously announced that the Occupational Safety and Health Administration (“OSHA”) would implement an emergency temporary standard (“ETS”) requiring […]
Mandatory Employee Vaccination Rules Present Challenges when Considering Religious Exceptions to the Rule.
As we reported earlier (see the KRCL blog post, here), the Occupational Safety and Health Administration (“OSHA”) is in the process of developing an “emergency” temporary standard, requiring employers with more than 100 employees to mandate that their employees be fully vaccinated or, if the employee is excused from the mandate, to produce a negative COVID-19 test at least once per week. Although it is not clear when OSHA’s temporary rule will be issued (and there will likely be several state challenges to the anticipated rule), a number of employers are already implementing mandatory vaccine policies in the workplace.
Proposed Legislation Would Require Financial Institutions to Report Data for Accounts with Annual Activity of $600
In May 2021, as part of the American Families Plan, the Biden Administration proposed that financial institutions should report consumer and business account activity exceeding $600 annually. Proponents of the legislation claim that it will give the […]
Fifth Circuit Declares Day-Rate Workers, even Those Earning over $200K/Year, Not Exempt—Unless the Employer Also Pays a Weekly Guaranteed Amount
By: Dennis P. Duffy1
In an en banc decision that the dissent predicted will wreck needless and excessive suffering to the “oyl biddness,” the Fifth Circuit held that a day rate—even for employees earning over $200k a year—does not meet the salary basis test for exempt status under the Fair Labor Standards Act (“FLSA”), unless the employer also provides a minimum weekly guarantee that the employee must earn regardless of hours worked. Hewitt v. Helix Energy Solutions, No. 19-20023 (5th Cir. September 9, 2021) (en banc).
On September 9, 2021, President Biden announced a six-pronged plan to combat the ongoing COVID-19 pandemic in the United States. The first prong of the plan is "Vaccinating the Unvaccinated." A central component of this first […]
Under the old version of 38.001, the recovery of attorney’s fees was permitted “from an individual or corporation.” Courts interpreting this provision overwhelmingly concluded that it did not support recovery of attorney’s fees […]
Employment Non-Compete Agreements: Are They Still Permitted in Light of President Biden's Executive Order on Promoting Competition in the American Economy?
On July 9, 2021, The White House issued a 20-page, 72-initiative Executive Order, signed by President Biden. The overarching purpose of the Order is to create an “open and competitive economy” that allows businesses to have more choices among […]
New DOL, OSHA, and TWC Rules Inform Both Employees and Employers, as Pandemic Eases
A. New Standard Issued by DOL Aimed at Protecting At-Risk Workers in Healthcare
On June 10, 2021, the Department of Labor (“DOL”) issued a highly anticipated emergency temporary standard (“ETS”) setting workplace safety parameters for employers in the healthcare sector during COVID-19. What does this new standard mean for employers?
In a big win for the energy industry, and in particular the energy-service industry, Judge Morales of the Southern District of Texas—Corpus Christi Division—recently dismissed an overtime lawsuit brought by Plaintiff Marcus Hargrave, ultimately […]
On May 7th, 2021, Texas Governor Greg Abbott signed a law banning COVID-19 “vaccine passports” effective immediately. So, what does SB 968 mean for employers? Does SB 968 prevent an employer from requiring employees to show proof of vaccination […]
Much has been written recently about the “new look” Supreme Court. On the heels of four 9-0 decisions favoring different sides of partisan divide, today we got Van Buren, a 6-3 decision delivered by Justice Amy Coney Barrett, joined by Breyer […]
A general contractor owes a duty of care to its independent contractor's employees only if the general contractor retains actual or contractual control over the means and methods of the independent contractor's work according to the Texas Supreme […]