On June 13, 2023, the National Labor Relations Board (NLRB) overruled its 2019 independent contractor standard focused on whether workers have “entrepreneurial opportunity” and returned to a common law multi-factor analysis...more
The 2022 Louisiana legislative session included two bills focusing on workplace violence in the healthcare industry - Act No. 461 and Act No. 129 - that Governor John Bel Edwards signed into law earlier this summer. Act No....more
In a November 30, 2021, order, a federal judge sitting in Louisiana entered a nationwide preliminary injunction against the Biden administration’s Centers for Medicare and Medicaid Services’ (CMS) interim final rule entitled...more
12/2/2021
/ Appeals ,
Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Covered Employer ,
Executive Orders ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Interim Final Rules (IFR) ,
Medicaid ,
Medicare ,
OSHA ,
Preliminary Injunctions ,
Stays ,
Temporary Regulations
On August 18, 2021, President Joe Biden announced from the White House that his administration would require nursing homes to vaccinate their staffs against COVID-19 or risk losing Medicaid and Medicare funding. He said that...more
8/24/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Employer Mandates ,
Federal Funding ,
Healthcare Workers ,
Infectious Diseases ,
Medicaid ,
Medicare ,
Nursing Homes ,
Vaccinations
In what appears to be a first, the U.S. Department of Labor (DOL) has weighed in on the status of gig economy workers under the Fair Labor Standards Act (FLSA) in the form of an opinion letter. The DOL concluded that the...more
5/1/2019
/ ABC Test ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Joint Employers ,
NPRM ,
Opinion Letter ,
Wage and Hour
The U.S. Court of Appeals for the Fifth Circuit recently held that a group of directional driller consultants were independent contractors, not employees, in large part due to their highly specialized skills, degree of...more
3/26/2019
/ Appeals ,
Collective Actions ,
Consultants ,
De Novo Standard of Review ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Misclassification ,
Oil & Gas ,
Statute of Limitations ,
Summary Judgment ,
Wage and Hour ,
Well Drilling
On May 23, 2018, the U.S. Senate passed a comprehensive bill called the U.S. Department of Veterans Affairs Maintaining Internal Systems and Strengthening Integrated Outside Networks Act of 2018 or the VA MISSION Act of 2018...more
A recent Louisiana Court of Appeal decision held that an oil and gas landman did not have a claim under the Louisiana environmental whistleblower statute, which protects employees from retaliation for reporting environmental...more
On January 3, 2017, Judge Amos L. Mazzant III issued a Memorandum Opinion and Order in State of Nevada v. United States Department of Labor, denying the U.S. Department of Labor’s (DOL) Motion to Stay Proceedings Pending...more
Even though the preliminary injunction against implementation of the overtime rule granted by Judge Mazzant is on a fast track appeal in the Fifth Circuit, the activity in the trial court has not ended.
Texas AFL-CIO...more
On December 19, the United States Department of Labor (DOL) issued what it describes as a “user-friendly webpage where workers, employers, and government agencies can find information and resources” about misclassification of...more
The long-awaited U.S. Department of Labor (DOL) regulations on the “white collar” exemptions are finally here. As per the regulations, which are to be issued on May 18, 2016, the new minimum salary level for the executive,...more
On April 13, 2016, Louisiana’s new governor, John Bel Edwards, signed an executive order protecting state employees and employees of state contractors from discrimination on the basis of race, color, religion, sex, sexual...more
4/14/2016
/ Anti-Discrimination Policies ,
Corporate Counsel ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
LGBTQ ,
Religious Exemption ,
Sexual Orientation Discrimination ,
State Contractors ,
State Employees ,
Title VII
The United States Department of Labor, Wage and Hour Division, administers the Fair Labor Standards Act (“FLSA”). That authority includes the power to investigate employers, their customers and payroll practices. ...more
On December 1, 2015, the Occupational Safety and Health Administration (OSHA) launched a new web page in an effort to assist healthcare providers in curtailing violence in their workplaces. The page offers links to excellent...more