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Coronavirus FAQ #1 for Employers – Compensation

By law - If the person is working at home, then they would be paid for all work from home.  Location is not the issue; work on behalf of the employer is the issue, and, we, of course, pay for all work performed.  Whether that pay is for a couple […]

Andrea Johnson

Impacts on the Construction Industry from Texas’ 86th Legislative Session (Part 3 of 3)

As of June 14, 2019, with certain exceptions, a governmental entity asserting a claim for damages to real or personal property caused by an alleged construction defect in a public building or public work against a contractor, subcontractor, supplier, […]

Impacts on the Construction Industry from Texas’ 86th Legislative Session (Part 2 of 3)

Subchapter C of the Professional Services Procurement Act (Chapter 2254 of the Texas Government Code) has been revised to establish requirements for the procurement of contingent fee contracts for legal services by political subdivisions, including school […]

DOL Clarifies Standard to Determine "Joint Employer" Status

On January 12, 2020, the Department of Labor (DOL) announced its final rule ("Final Rule") to revise and update the standard for determining "joint employer" status under the Fair Labor Standards Act (FLSA) – the federal law […]

The MCS-90 Endorsement

The MCS-90 endorsement is one means by which an interstate motor carrier can demonstrate compliance with minimum financial requirements established by federal statute and regulations. The application of this endorsement by the courts, however, has caused […]

PODCAST: Interpreting Oil-and-Gas Contracts, The Rule of Capture and Mineral Trespass, and Class Action Developments for Operators

In the latest episode of our energy law podcast, we discuss recent guidance from the Texas Supreme Court on interpreting oil-and-gas contracts; cross-jurisdictional differences surrounding the rule of capture and subsurface mineral trespass; and troubling […]

Thomas G. Ciarlone Jr.

Sixth Circuit Fans the Flames of Class Certification Against Operators

I have written previously about class certification in the oil patch. Frequently the emphasis is around whether the putative class can satisfy Rule 23's commonality and predominance requirements. The recent trend has been toward troubling developments […]

Thomas G. Ciarlone Jr.

Rule-of-Capture Showdown: Pennsylvania v. Texas

Last year, I wrote about Pennsylvania's departure from Texas on the law surrounding trespass by hydraulic fracturing. As first stated in Coastal Oil & Gas Corp. v. Garza Energy Trust, 268 S.W.3d 1 (Tex. 2008), trespass claims for drainage by […]

Thomas G. Ciarlone Jr.