Seyfarth Synopsis: Texas Governor Greg Abbott has issued an Executive Order prohibiting public and private employers from requiring employees or customers to receive the COVID-19 vaccine if such individuals object for “any...more
Seyfarth Synopsis: Paid sick leave ordinances in Texas continue to face setbacks as multiple judges have granted temporary injunctions barring such ordinances from taking effect while lawsuits are pending. Dallas has...more
Seyfarth Synopsis: On Wednesday, March 10, 2021, a Texas appellate court affirmed a temporary injunction against the City of San Antonio’s Paid Sick Leave (“PSL”) Ordinance, ruling that the ordinance is unconstitutional and...more
As we reported earlier this month, our ongoing tracking of COVID-19 employment litigation trends shows that the types of lawsuits employees are filing against their employers continue to fall within the same basic categories...more
Employees continue to file COVID-19-related lawsuits against their employers at a rapid clip. In July, we identified five categories of cases that seemed to be driving COVID-19 employment litigation: (1) alleged failure to...more
12/11/2020
/ Civil Liability ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Family and Medical Leave Act (FMLA) ,
Infectious Diseases ,
Occupational Exposure ,
Whistleblowers ,
Workplace Safety
The COVID-19 pandemic has spawned a wave of employment litigation directly and indirectly based on COVID-19-related health risks and employers’ response to the crisis. ...more
Seyfarth Synopsis: As COVID-19 cases in the state of Texas continue to surge, Governor Greg Abbott recently issued a statewide mandate requiring face coverings, a policy move he previously resisted. The mandate includes...more
Seyfarth Synopsis: Last Friday, the Supreme Court of Texas issued a one-line decision, without explanation, denying the City of Austin’s petition for review of an appellate decision temporarily enjoining the Austin paid sick...more
Seyfarth Synopsis: The Department of Labor recently issued additional “questions and answers” (“Q&A”) relating to the Families First Coronavirus Response Act (“FFCRA”) Below are a few key takeaways as employers reassess...more
Seyfarth Synopsis: The US Supreme Court has never directly decided and the federal courts of appeal have not reached a unanimous decision on whether the “but for” or “motivating factor” standard applies to retaliation claims...more
Seyfarth Synopsis: The Texas Workforce Commission (TWC) just announced new guidelines allowing workers to retain unemployment benefits if they refuse suitable work for various COVID-19 related reasons. ...more
Yesterday, Governor Abbott announced the first phase of his plan to reopen Texas. The Governor’s announcement was accompanied by The Governor’s Report to Open Texas, a 60+ page guide laying out the plan for reopening (with...more
4/28/2020
/ Coronavirus/COVID-19 ,
Executive Orders ,
Governor Abbott ,
Health and Safety ,
Health Care Providers ,
Hospitals ,
Operators of Essential Services ,
Public Health ,
Quarantine ,
Re-Opening Guidelines ,
Small Business ,
State and Local Government ,
Travel Restrictions ,
Travelers
Seyfarth Synopsis: The Sixth Circuit Court of Appeals recently reversed summary judgment in favor of an employer on failure to promote claims, finding that the apparent preselection of a candidate prior to the interview...more
Seyfarth Synopsis: In his most recent Executive Order, Governor Greg Abbott has stopped short of issuing a state wide stay-at-home order for Texas. ...more
Yesterday, the Department of Labor issued temporary regulations regarding the “health care provider” exemption to employer-provided paid time off and paid leave under the Families First Coronavirus Response Act (“FFCRA”)....more
4/2/2020
/ Appeals ,
CARES Act ,
Department of Labor (DOL) ,
Domestic Workers ,
Employer Liability Issues ,
Families First Coronavirus Response Act (FFCRA) ,
Health Care Providers ,
Healthcare ,
Home Health Agencies ,
Home Health Care ,
Home Healthcare Workers ,
Regulatory Requirements ,
Rest and Meal Break ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Work Schedules
Seyfarth Synopsis: On March 30, 2020, just two days before Dallas’ paid sick leave ordinance was scheduled to begin full enforcement, a federal court in Texas granted a preliminary injunction prohibiting enforcement of the...more
3/31/2020
/ Accrual Requirements ,
Dallas ,
Earned Sick Time ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Local Ordinance ,
Paid Leave ,
Paid Time Off (PTO) ,
Parental Leave ,
Safe Leave ,
Sick Leave ,
State and Local Government ,
Wage and Hour
Seyfarth Synopsis: Although there is not yet a state wide stay-at-home order in effect in Texas, counties across the State are issuing sweeping directives closing most businesses and requiring their residents to stay at home...more
Seyfarth Synopsis: Last April, the Dallas City Council passed an ordinance requiring employers to provide employees who work within the City of Dallas with 48 or 64 hours of paid sick leave per year, depending on size. ...more
3/25/2020
/ Accrual Requirements ,
Dallas ,
Earned Sick Time ,
Employer Liability Issues ,
Enforcement Actions ,
Fair Labor Standards Act (FLSA) ,
Local Ordinance ,
Paid Leave ,
Paid Time Off (PTO) ,
Parental Leave ,
Safe Leave ,
Sick Leave ,
State and Local Government ,
Wage and Hour
At a press conference on Sunday afternoon, Governor Greg Abbott issued an executive order to postpone all elective surgeries to address a shortage of hospital beds, medical supplies and licensed personnel in Texas, and to...more
Seyfarth Synopsis: Employers were handed a big win recently when the U.S. Court of Appeals for the Fifth Circuit held that a day rate can satisfy the salary basis requirement for overtime exemptions under FLSA and also...more
9/13/2019
/ Appeals ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Highly Compensated Employees ,
Independent Contractors ,
Minimum Salary ,
Navarro v Encino Motorcars ,
Non-Exempt Employees ,
Over-Time ,
Rate of Pay ,
Wage and Hour ,
White-Collar Exemptions
Seyfarth Synopsis: Just last week, San Antonio agreed to delay implementation of its paid sick leave ordinance until at least December 1, 2019. Now, as of this week, a lawsuit has been filed challenging the Dallas paid sick...more
Seyfarth Synopsis: In a must-read decision and case of first impression at the federal appellate level, the Fifth Circuit Court of Appeals held late last week that a district court may not approve sending notice of an FLSA...more
2/25/2019
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Class Certification ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
First Impression ,
JPMorgan Chase ,
Motion to Compel ,
Notice Requirements ,
Unpaid Overtime ,
Wage and Hour
Seyfarth Synopsis: Arbitration of employment claims continues to be a hot topic at the Supreme Court. In a unanimous 8-0 decision (Justice Kavanaugh recused), the Supreme Court ruled in New Prime Inc. v. Oliveira...more
1/17/2019
/ Appeals ,
Arbitration Agreements ,
Commercial Truck Drivers ,
Employment Contract ,
Exceptions ,
Federal Arbitration Act ,
Independent Contractors ,
Motion to Compel ,
New Prime v Oliveira ,
Question of Arbitrability ,
Reaffirmation ,
SCOTUS
Seyfarth Synopsis: In an important decision for employers seeking to enforce arbitration agreements and limit wage and hour exposure and related defense costs, the U.S. Court of Appeals for the Fifth Circuit reaffirmed that...more
5/7/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Delegation Clauses ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Jurisdiction ,
Misclassification ,
Motion to Compel ,
Motion To Stay ,
Wage and Hour
Seyfarth Synopsis: On November 7, 2017, the U.S. House of Representatives passed the Save Local Businesses Act. If passed by the Senate, the bill would overturn Obama-era decisions and agency guidance broadly defining and...more
11/14/2017
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Hiring & Firing ,
Joint Employers ,
Legislative Agendas ,
NLRA ,
NLRB ,
Popular ,
Proposed Legislation ,
Staffing Agencies ,
Unions ,
Wage and Hour