On November 4, 2021, the Biden administration and the Centers for Medicare and Medicaid Services (CMS) at the Department of Health and Human Services (HHS) issued an interim final rule requiring healthcare worker...more
11/5/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Essential Workers ,
Executive Orders ,
Health and Safety ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On October 11, 2021, Texas Governor Greg Abbott issued Executive Order GA-40, which states that no entity in Texas can “compel” any individual, including any employee or consumer, to receive a COVID-19 vaccination who objects...more
10/13/2021
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Governor Abbott ,
Infectious Diseases ,
Labor Regulations ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
Originally published August 12, 2021, updated August 16, 2021.
UPDATE: On August 15, 2021, the Texas Supreme Court issued an Order temporarily staying the Dallas County order described...more
8/17/2021
/ Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Executive Orders ,
Health and Safety ,
Infectious Diseases ,
Masks ,
Personal Protective Equipment ,
Public Health Emergency ,
TX Supreme Court ,
Workplace Safety
In an apparent rebuttal to Governor Abbott’s July 29, 2021, Executive Order (GA-38), which was aimed at creating uniformity in the response to COVID-19 throughout the State of Texas and which prohibited local authorities from...more
8/13/2021
/ Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Infectious Diseases ,
Masks ,
Personal Protective Equipment ,
Public Health Emergency ,
Workplace Safety
On July 29, 2021, Governor Greg Abbott issued Executive Order GA-38, combining several existing COVID-19 executive orders for the stated purpose of promoting statewide uniformity and certainty in the state's COVID-19...more
8/2/2021
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
Emergency Response ,
Executive Orders ,
Infectious Diseases ,
Masks ,
Patient Privacy Rights ,
Public Health Emergency ,
State and Local Government ,
Vaccinations ,
Virus Testing
The U.S. Supreme Court declined to review the Second Circuit’s decision in Laurent v. PricewaterhouseCoopers LLP, which held that retirees could receive money damages in the form of recalculated benefits in a class action...more
On June 14, 2021, Texas Governor Greg Abbott signed the Pandemic Liability Protection Act into law. The law became effective upon his signing. This new law provides COVID-19 liability protections for health care providers,...more
On May 31, 2018, the Nevada Supreme Court issued a unanimous decision in MDC Restaurants, LLC v. The Eighth Judicial Dist. Court, 134 Nev. Op. 41 (May 31, 2018), addressing arguably the most hotly contested issue of law...more
6/6/2018
/ Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Employer Liability Issues ,
Employment Litigation ,
Health Insurance ,
Healthcare ,
Minimum Wage ,
NV Supreme Court ,
Preemption ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
On September 6, 2017, the Ninth Circuit Court of Appeals declined to accord deference to the U.S. Department of Labor's (DOL) interpretation of its "dual jobs" regulation. The court reasoned that the interpretation, as...more
On May 25, 2017, the Nevada Labor Commissioner posted an Advisory Opinion stating that the fluctuating work week method (FWW) may be used to compensate certain nonexempt employees. The Advisory Opinion stated the FWW method...more
On March 16, 2017, the Nevada Supreme Court issued yet another 6-0 en banc decision regarding the Nevada Constitution’s oft-litigated Minimum Wage Amendment, Nev. Cost. art. XV § 16 (“MWA” or the “Amendment”). The issues...more
On October 27, 2016, the Nevada Supreme Court issued two separate 6-0 en banc decisions settling hotly contested issues of law regarding the Nevada Constitution’s Minimum Wage Amendment, Nev. Cost. art. XV § 16 (“MWA”). ...more
In July 2016, the Nevada Supreme Court held that when a non-compete agreement extends beyond what is necessary to protect the employer’s interest, the agreement is wholly unenforceable and courts may not modify or “blue...more
On February 23, 2016, the U.S. Court of Appeals for the Ninth Circuit in a 2-1 panel decision upheld the U.S. Department of Labor’s (DOL) 2011 revisions to 29 C.F.R. § 531.52 applying tip-pooling restrictions to employers...more
In Terry v. Sapphire Gentlemen’s Club, 336 P.3d 951 (Nev. Oct. 30, 2014), the Nevada Supreme Court adopted the Fair Labor Standard Act (FLSA)’s “economic realities” test to determine whether workers can be classified as...more