David Barron

David Barron

Cozen O'Connor

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Department of Labor Targeting Oil and Gas Contractors

On December 9, 2014, the U.S. Department of Labor (“DOL”) announced that it had achieved $4.5 million dollars in settlements from private employers as a result of a two year investigation into contractors working in the...more

12/16/2014 - DOL Employer Liability Issues Enforcement Actions Marcellus Shale Oil & Gas Settlement Wage and Hour

Election Brings New Wave of Minimum Wage Increases

Election day 2014 brought more than just a wave of new Republican politicians, it also brought a wave of minimum wage increases across the country. For employers with operations in multiple states, payroll just got more...more

11/10/2014 - Election Results Minimum Wage

Can State Medical Marijuana Laws Trump Employer Rights?

Currently, 23 states and the District of Columbia have medical marijuana laws which allow a lawful level of marijuana use. One question which comes up often in such states is whether an employer can lawfully terminate an...more

10/31/2014 - Drug-Free Workplace Act Marijuana Medical Marijuana Preemption

Texas Supreme Court Draws Distinction Between Loyalty Agreement and Non-Compete

In many industries, it is common to pay incentives in the form of restricted stock options payable in the future if certain conditions are satisfied. In Exxon-Mobil v. Drennen, decided on August 29, 2014, the Texas Supreme...more

9/12/2014 - Exxon Mobil Forfeiture Incentives Non-Compete Agreements Restrictive Covenants Stock Options Stocks

Can Employees be Disciplined for Using the Bathroom?

Employees at a Chicago plant are picketing over a new employer policy to time unscheduled bathroom breaks and discipline employees who exceed what the company deems as a reasonable amount of time. The company even went so...more

7/21/2014 - Employer Liability Issues Employment Policies Rest and Meal Break

Supreme Court Says Obama Overstepped Authority with Three NLRB Recess Appointments

Last week, the Supreme Court issued a long-awaited decision addressing the question of whether three recess appointees to the NLRB passed Constitutional muster....more

7/2/2014 - Barack Obama Canning v NLRB NLRB Recess Appointments SCOTUS

HR Guide for Hurricane and Disaster Preparation: Preparing For The Worst

Hurricanes have posed unique human resources challenges for employers with operations in Houston and the Gulf Coast Region. According to the Congressional Budget Office, Hurricane Katrina alone wiped out more than 400,000...more

6/23/2014 - Disaster Preparedness Human Resources Professionals Natural Disasters

New FAQ on Houston’s Anti-Discrimination Ordinance (HERO)

The City of Houston recently joined a number of cities that have passed their own anti-discrimination ordinances in an attempt to add coverage for sexual orientation and trans-gender discrimination, which are not explicitly...more

6/20/2014 - Discrimination Gender Discrimination Sexual Orientation Discrimination

Houston Passes Controversial Anti-Discrimination Ordinance

Late in the evening on May 28th, the Houston City Council passed a city ordinance that prohibits discrimination against employees on the basis of sexual orientation or trans-gender status. ...more

6/4/2014 - Discrimination Employee Rights Employer Liability Issues Public Employees Public Employers Sex Discrimination Transgender

IRS Says It Will Penalize Employers Dumping Employees into Obamacare

Before the ink on the Affordable Care Act was dry, prudent employers were analyzing the law to identify ways to save money and avoid many of the punitive aspects of the law....more

5/29/2014 - Affordable Care Act Employee Benefits Employer Liability Issues Employer Mandates IRS Penalties Popular Wages

NLRB Cracking Down On No-Taping Policies

It is well-established that the NLRB has been aggressively litigating cases involving social media policies and employees terminated for making disparaging comments online. Recently, however, the NLRB has expanded its reach...more

5/20/2014 - Compliance NLRA NLRB Social Media Surveillance

Can An Employee Accept A Severance Payment And Still File A Discrimination Claim?

According to the EEOC, the answer to that question is not only “Yes,” but that any severance agreement which limits the employee’s right to file a charge of discrimination is unenforceable and illegal. This week, the EEOC...more

5/7/2014 - Discrimination EEOC Employee Rights Employer Liability Issues Severance Agreements

New Texas Supreme Court Case Helps/Hurts At-Will Status

On April 25, 2014, the Texas Supreme Court issued a decision in the Sawyer, et al. v. Du Pont case. The case involved questions from the Fifth Circuit Court of Appeals regarding the scope of the at-will doctrine in Texas....more

5/1/2014 - At-Will Employment Fraudulent Inducement

Houston Mayor Proposes City Ordinance On Sexual Orientation Discrimination

Houston is one of the few major cities in the country without a law prohibiting discrimination on the basis of sexual orientation. Neither federal nor Texas law includes such a protected category, however, other Texas cities...more

4/23/2014 - Sexual Orientation Sexual Orientation Discrimination

President Obama Targets Equal Pay

On April 8, President Obama issued two executive orders which will impact employers who do business with the federal government. First, the President made it unlawful for contractors to retaliate against employees who discuss...more

4/10/2014 - Discrimination Employee Rights Equal Pay Executive Orders Federal Contractors OFCCP Retaliation

Congress Passes Rare Bipartisan Amendment To Obamacare

There is not a lot that Democrats and Republicans can agree on with respect to Obamacare, but on April 1, 2014 the President signed into law a Medicare bill which had a provision tucked inside that will bring some important...more

4/9/2014 - Affordable Care Act Barack Obama Deductibles Healthcare Reform Medicare

NLRB Rules That College Football Players Can Unionize

Under the Obama administration, the National Labor Relations Board (NLRB) has taken some radical positions, but its newest decision makes clear that all bets are off in the second term. The Regional Director of the NLRB...more

3/31/2014 - College Athletes NLRB Unions

Labor And Employment Observer - 2013/2014

In This Issue: Message from the Chair; Social Media and the Workplace: 2013 and Beyond; Unpaid Internships: Training Ground or Legal Landmine?; Supreme Court’s Nassar Decision Sets Higher Causation Standard for a...more

1/7/2014 - Affirmative Action Background Checks Big Data Causation D.R. Horton Disability Discrimination DOL ENDA FMLA Minimum Wage OFCCP Religious Discrimination Same-Sex Marriage SCOTUS Social Media Unpaid Interns US v Windsor UT Southwestern Medical v Nassar Veterans Vietnam Era Veterans’ Readjustment Assistance Act

Labor and Employment Observer 2012/2013

In This Issue: - Message from the Chair - A Second Obama Administration’s Impact on Labor and Employment Issues - Will There be Comprehensive Immigration Legislation After the 2012 Presidential...more

1/1/2013 - Affordable Care Act EEOC FMLA Hurricane Sandy Immigration Reform NLRB OSHA Same-Sex Marriage Social Media USERRA Wage and Hour

Monthly Wage Hour Tip – Travel Time

One of the areas of wage and hour law which often creates confusion is payment for travel time. The rules are different, for example, depending on how long the employee is away from home, and whether the employee is driving...more

9/12/2012 - DOL Travel Pay Travel Time Wage and Hour

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