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As Pandemic Eases, New DOL, OSHA, and TWC Rules Inform Both Employees and Employers

Employment Law

June 14, 2021 / Andrea Johnson

New DOL, OSHA, and TWC Rules Inform Both Employees and Employers, as Pandemic Eases[1]

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?

Andrea Johnson

Texas “Anti-Vaccination Passport” Law

Employment Law

June 10, 2021 / Dennis P. Duffy

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 […]

Dennis P. Duffy

Issue of Control Dictates Duty Owed to Subcontractor’s Employees

Employment Law

June 3, 2021

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 […]

Issue of Control Dictates Duty Owed to Subcontractor's Employees

Contractors

May 27, 2021

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 […]

Waiver of Subrogation Provisions in Construction Contracts - Part Two

Insurance Coverage

May 11, 2021

In Part One, I discussed the general purpose and benefits of subrogation and considerations in determining whether a waiver of subrogation may be advantageous or harmful to certain contracting parties to a construction contract.  Even where the […]

Paid Sick Leave Post-FFCRA

FFCRA, Sick Leave

May 4, 2021

Although many employers provide paid sick leave as a benefit for their employees, no federal law currently requires private employers to provide paid sick leave. Last year, Congress passed the Families First Coronavirus Response Act ("FFCRA" […]

Waiver of Subrogation Provisions in Construction Contracts - Part One

Insurance Coverage

May 4, 2021

Larry Bowman and I recently wrote a 44-page white paper on “The Ins and Outs of Waivers of Subrogation.”  Larry presented our paper at the 34th Annual Texas Construction Law Conference sponsored by The Construction Law Foundation of […]

Effective Mediation Techniques for Complex Cases - Part Two

Mediation

April 15, 2021

I begin with the assumption that the parties in any complex case wish to avoid trial and resolve their disputes wherever possible.  It is my experience that most parties are not in the business of litigation and find it undesirable and costly.  […]