While the issue of whether private employers can legally enforce vaccine mandates among their workforce continues to be challenged across the country, a split panel in the Fifth Circuit is the first appellate court to signal...more
2/18/2022
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Health and Safety ,
Infectious Diseases ,
Labor Law Violations ,
Motion To Enjoin ,
Preliminary Injunctions ,
Reasonable Accommodation ,
Religious Accommodation ,
Reversal ,
Statutory Violations ,
Title VII ,
United Airlines ,
Vaccinations ,
Workplace Safety
In two decisions issued on the same day, the Sixth and Eighth Circuits recently joined many district courts across the country in holding that federal courts cannot exercise jurisdiction over Fair Labor Standards Act (FLSA)...more
The United States Department of Labor’s Wage and Hour Division (WHD) recently issued a letter responding to a food manufacturer’s request for an opinion on whether certain distributors of the manufacturer’s perishable...more
1/21/2021
/ Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Food Manufacturers ,
Gig Economy ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
Opinion Letter ,
Wage and Hour
On January 12, 2021, the U.S. Court of Appeals for the Fifth Circuit issued a long-sought opinion on the collective certification process under the Fair Labor Standards Act. In its opinion, the Fifth Circuit expressly...more
In the midst of raging wildfires in Northern California and the aftermath of hurricanes Laura and Marco in the Gulf states, many employers are wondering how to respond and what happens next, particularly where employers have...more
8/31/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Natural Disasters ,
Popular ,
Reasonable Accommodation ,
Remote Working ,
Telecommuting ,
Unemployment Benefits ,
USERRA ,
Wage and Hour ,
WARN Act
At approximately 1:00 a.m. CST on February 16, 2018, the Austin, Texas City Council approved an ordinance establishing a paid sick leave requirement that will apply to all private employers located within the City. If, as...more
El huracán Harvey está inundando implacablemente el sureste de Texas y las áreas aledañas, resultando en inundaciones y daños sin precedentes. A medida que la tormenta se agrava, muchos empleadores se han preguntado cómo...more
8/31/2017
/ Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Hurricane Harvey ,
Hurricane Season ,
Natural Disasters ,
Reasonable Accommodation ,
Severe Weather ,
State of Emergency ,
Unemployment Benefits ,
USERRA ,
Vacation Pay ,
Wage and Hour ,
WARN Act
Hurricane Harvey is relentlessly drenching southeast Texas and the surrounding areas, resulting in unprecedented flooding and damage. As the storm rages, many employers are wondering how to respond and what happens next....more
8/30/2017
/ Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Hurricane Harvey ,
Hurricane Season ,
Leave of Absence ,
Loss of Income ,
Natural Disasters ,
Reasonable Accommodation ,
Severe Weather ,
State of Emergency ,
Telecommuting ,
Unemployment Benefits ,
USERRA ,
Wage and Hour ,
WARN Act
As winter progresses, employers may find themselves monitoring the weather and wondering how to handle numerous operational headaches. Should a worksite close? If so: when, and for how long? Who can work from home, and who...more