On May 27, 2022, in Hinkle v. Phillips 66 Company, the Fifth Circuit Court of Appeals issued the latest in a string of opinions on arbitrating Fair Labor Standards Act (FLSA) claims, and it is one that should grab the attention of any employer that […]
Law In The Workplace
Fifth Circuit Affirms Trial Court Decision: Directional Driller is “Contractor,” Barring Overtime Action.
Affirmed. The Fifth Circuit just issued its opinion upholding the summary judgment decision of Judge Morales in the Corpus Christi Division of the Southern District of Texas. The Hargrave decision largely relies on  […]
Bitcoin and other cryptocurrencies have come a long way from fringe, speculative assets of the tech world. Digital assets and currencies are becoming more mainstream, and virtual currencies are becoming more widely accepted by businesses including […]
On March 3, 2022, President Joseph Biden signed in to law the "Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021," which took effect immediately. The new law amends the existing Federal Arbitration Act (FAA) to prohibit […]
“There is no crueler tyranny than that which is perpetuated under the shield of law and in the name of justice.”
“For any young democracy, the most difficult but important step is burying the legacy of tyranny and establishing an economy and a government and institutions that abide by the rule of law. Every country faces challenges to the rule of law, including my own.” -Joe Biden
As we head toward year-end and look forward to 2022, there are planning tips for businesses and individuals to consider in order to retain current U.S. immigration benefits and the ability to travel internationally and return to the U.S. The ability […]
Spate of Recent Court Activity Puts President Biden’s Vaccine Mandates in Question, Presenting Dilemmas for Employers
On, November 30, 2021, a district court in the Sixth Circuit entered a stay of the mandate affecting federal contractors, linked here. The decision affects contractors in Kentucky, Ohio and Tennessee, but there are similar court cases pending in […]
OSHA Ordered to “Take No Steps to Implement or Enforce the Mandate."1 Fifth Circuit Stay of Vaccine-Mandate ETS Continues through Court’s Temporary Injunction Issued 11/12/2021. OSHA Rule Denigrated as “One-Size-Fits-All Sledgehammer.”2
On Friday, November 12, 2021, the Fifth Circuit entered its temporary injunction against the “Mandate” also referred to as the “emergency rule” or “ETS.” This swift shut down of both the rule and its enforcement by OSHA (the Occupational Safety and Health Administration), followed the appellate court’s original emergency stay, entered less than one week ago, on November 6, which came just one day after the official issuance of the OSHA rule.
A New World: 5th Circuit Stays OSHA COVID-Vaccination Mandate ETS, Affecting Employers with 100-plus Employees - Court Finds "Grave Statutory and Constitutional Issues with the Mandate."
Scarcely two days after OSHA had issued its emergency rule or "ETS" mandating COVID vaccinations in the workplace, the Fifth Circuit on November 6, 2021, granted an emergency stay of the entire rule - stopping in its tracks the federal government (OSHA), from proceeding with a very lengthy rule and, some contended, a rather oppressive mandate, all fashioned through the auspices of OSHA. The just-inked ETS mandated that employers with 100 or more employees had to act as the government's COVID vaccination enforcers so that their employees were either fully vaccinated against COVID or tested, at least, weekly, if an employee was unvaccinated, to ensure that he/she was not COVID-positive. At this point, the entire OSHA rule is suspended while the courts consider the matter further. The Fifth Circuit decision is linked here.
OSHA Issues Emergency Temporary Standard for Private Employers with 100-Plus Employees – New Deadline: January 4, 2022
Today, November 4, 2021, the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued several rules related to vaccine mandates. Critical to private employers with 100 or more employees, the OSHA rule […]
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.