The Texas Capture or Use of Biometric Identifier Act (CUBI) aims to prevent the commercial collection of an individual’s biometric identifiers without their consent. CUBI has been around since 2009, but it has been making...more
Earlier this week, the Federal Acquisition Regulatory Council proposed a new rule that would amend the Federal Acquisition Regulation (FAR) to impose new restrictions on federal contractors and subcontractors, including: (1)...more
In a closely watched case, the United States Supreme Court held today that a tool pusher in the oil & gas industry, who was paid a day rate of at least $963.00 per day, was not exempt from the overtime provisions of the Fair...more
Just over a year ago, President Biden issued an Executive Order requiring federal agencies to amend all contracts to mandate compliance with Safer Federal Workforce Task Force (the “Task Force”) guidance. The Task Force then...more
Late this past Friday, December 17, a panel of the Sixth Circuit Court of Appeals issued an order dissolving the Fifth Circuit Court of Appeals' stay that had blocked implementation of OSHA’s Emergency Temporary Standard...more
Earlier this month, the Occupational Safety and Health Administration (“OSHA”) issued its “COVID-19 Vaccination and Testing; Emergency Temporary Standard” (the “ETS”) requiring employers of 100 or more employees to implement...more
Today the Occupational Safety and Health Administration (“OSHA”) published its “COVID-19 Vaccination and Testing; Emergency Temporary Standard” (the “ETS”) in the Federal Register. The ETS applies to employers with a total of...more
Pointing to climate change and the number of workplace deaths, injuries and illnesses tied to excessive temperatures, the Biden Administration today announced more regulatory and enforcement efforts aimed at workplace heat...more
The day-rate tool pusher earning $963.00 per day is not exempt from the overtime provisions of the Fair Labor Standards Act (“FLSA”) – in other words, he or she is entitled to overtime pay. So holds the Fifth Circuit. ...more
As COVID-19 vaccines become available to broader groups during winter and spring 2021, employers are considering how they can encourage employees to get vaccinated. While the Equal Employment Opportunity Commission (EEOC)...more
1/15/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Equal Employment Opportunity Commission (EEOC) ,
Final Rules ,
Incentives ,
Reasonable Accommodation ,
Religious Exemption ,
Title VII ,
Vaccinations ,
Wellness Programs ,
Workplace Safety
Yesterday, the United States Court of Appeals for the Fifth Circuit rejected the commonly used and admittedly lenient Lusardi framework for Fair Labor Standards Act (FLSA) conditional certification and set a new framework for...more
As Election Day approaches, employers nationwide consider the changes that may come with a victory by Senator Joseph Biden in the Presidential race and/or shift in representation in the U.S. Senate. While we cannot be...more
10/30/2020
/ Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Equality Act ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Final Rules ,
Independent Contractors ,
Joe Biden ,
Labor Relations ,
NLRB ,
OFCCP ,
OSHA ,
Paycheck Fairness Act ,
Presidential Elections ,
Proposed Rules ,
Union Organizers ,
Wage and Hour ,
Workplace Investigations ,
Workplace Safety
Educational institutions across the nation are grappling with decisions on returning teachers, staff and administrators to work for the academic year 2020-2021 in the midst of the COVID-19 pandemic. Each institution must...more
7/22/2020
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employment Discrimination ,
NLRB ,
Our Lady of Guadalupe School v Morrissey-Berru ,
Religious Schools ,
SCOTUS ,
Title VII ,
Unfair Labor Practices
Employers across the world are responding to the developing information on the coronavirus (referred to as COVID-19). While there are many considerations, and many fact-specific considerations based on the nature of the...more
December 12, the Department of Labor filed a Final Rule clarifying the types of benefits that must be included in the “regular rate of pay.” Under the Fair Labor Standards Act (FLSA), employers must pay workers at least the...more
12/13/2019
/ Bonuses ,
Department of Labor (DOL) ,
Employee Benefits ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Minimum Wage ,
Non-Exempt Employees ,
Over-Time ,
Rate of Pay ,
Wage and Hour
November 22, 2019, San Antonio Judge Peter Sakai granted a temporary injunction preventing the City’s Sick and Safe Leave Ordinance from taking effect. The Ordinance’s December 1, 2019, effective date has been indefinitely...more
11/25/2019
/ Appeals ,
Constitutional Challenges ,
Federal v State Law Application ,
Fringe Benefits ,
Local Ordinance ,
Paid Leave ,
Paid Sick Leave Act ,
Preemption ,
Sick Leave ,
State Labor Laws ,
TX Supreme Court
On May 21, 2018, the United States Supreme Court issued an opinion on a trio of cases challenging employer enforcement of arbitration agreements with class-action waivers. The Court held that the Federal Arbitration Act (FAA)...more
5/23/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
Remand ,
Reversal ,
Savings Clause ,
SCOTUS
On May 16, 2018, the Fifth Circuit Court of Appeals published an opinion unequivocally placing the burden of proof on interstate drivers of motor carriers seeking overtime under the small vehicle exception to the Motor...more
5/21/2018
/ Burden of Proof ,
Commercial Truck Drivers ,
Delivery Drivers ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Exemptions ,
Fair Labor Standards Act (FLSA) ,
Motor Carrier Act ,
Motor Carriers ,
Motor Vehicles ,
Navarro v Encino Motorcars ,
Over-Time ,
Technical Corrections Act ,
Trucking Industry ,
Wage and Hour
On April 6, 2018, the Texas Supreme Court issued a decision assessing what evidence is necessary to support an actionable same-sex sexual harassment claim. In an opinion totaling over 100 pages, the six-justice majority and...more
4/11/2018
/ Anti-Harassment Policies ,
Civil Rights Act ,
Discrimination ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Hostile Environment ,
Protected Activity ,
Retaliation ,
Sexual Harassment ,
Title VII ,
TX Supreme Court
On August 31, 2017, Judge Mazzant of the Eastern District of Texas invalidated the long-enjoined Obama Administration revised overtime regulation. The same judge previously granted a temporary, nationwide injunction blocking...more
9/9/2017
/ Appeals ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Obama Administration ,
Over-Time ,
Preliminary Injunctions ,
Request For Information ,
Secretary of Labor ,
Summary Judgment ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
Late yesterday Judge Mazzant of the Eastern District of Texas issued a temporary, nationwide injunction blocking implementation and enforcement of the Department of Labor’s (DOL) revised overtime regulations. The regulations,...more
11/23/2016
/ Balance of Harships ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Imminent Harm ,
Lack of Authority ,
Likelihood of Success ,
Minimum Salary ,
Over-Time ,
Preliminary Injunctions ,
Public Interest ,
Wage and Hour ,
White-Collar Exemptions
As an important reminder, the Department of Labor (DOL) minimum salary levels for the white-collar exemptions increase effective December 1, 2016. ...more
11/16/2016
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Highly Compensated Employees ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Preliminary Injunctions ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions
Executive Order 13665 & Pay Transparency Regulations Effective Now -
Following the NLRB’s lead on employee rights regarding discussion of confidential wage issues, Executive Order 13665 and the Office of Contract...more
1/13/2016
/ Department of Labor (DOL) ,
Disabilities ,
Equal Pay ,
Executive Orders ,
Federal Contractors ,
Minimum Wage ,
OFCCP ,
Pay Secrecy ,
Pay Transparency ,
Posting Requirements ,
Sick Leave ,
Veterans ,
VETS 4212 ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
Under a new rule issued by OSHA last week, employers will be required to report to the agency any workplace incident resulting in the in-patient hospitalization of even one employee. This report must be made within 24 hours...more
On July 21, 2014, President Barack Obama issued an Executive Order prohibiting federal contractors from discriminating in employment decisions based on applicants’ or employees’ sexual orientation or gender identity. This...more