Labor & Employment Blog

On January 13, 2022, the U.S. Supreme Court issued two highly anticipated opinions on the COVID-19 vaccination rules mandated by the Department of Labor’s Occupational Safety and Health Administration (OSHA) and the Centers for Medicare and Medicaid Services (CMS). Challenges to those rules had opposite outcomes, as set out in the opinions. The Court stayed OSHA’s Emergency Temporary Standard for COVID-19 Vaccination and Testing (OSHA ETS), but allowed the CMS Omnibus COVID-19 Health Care Staff Vaccination Interim Final Rule (CMS Rule) to move forward.

Background

The Firearm Carry Act of 2021 went into effect on September 1, 2021, which allows individuals over the age of 21 to carry handguns without a permit, in most locations.

What does this mean for private businesses? Private businesses still have the option to prohibit individuals from carrying firearms on their premises. However, in order to do so, a business must post appropriate, visible notices prohibiting firearms on the property.

Private businesses wishing to prohibit all firearms from their premises should post notices at each entrance to their property. The notices should:

1.  ...

Texas employers should be aware that a new law with changes to the Texas Commission on Human Rights Act goes into effect today, September 1, 2021. The new law broadens employees’ rights regarding sexual harassment claims.

Who constitutes an “employer”?

Previously, for private employers, the TCHRA only applied to employers with 15 or more employees. Under the new law, for sexual harassment claims, an “employer” is a person who: a) employs one or more employees, or b) acts directly in the interests of an employer in relation to an employee.

According to the Statement of Intent ...

On December 7, 2020, the U.S. Department of Labor Office of Federal Contract Compliance Programs (OFCCP) issued its Religious Exemption Final Rule, expanding the ability of federal contractors to seek religious exemptions from the nondiscrimination requirements imposed by Executive Order 11246 in federal government contracting.  Executive Order 11246 provides an exemption from its equal opportunity requirements for “a religious corporation, association, educational institution, or society, with respect to the employment of individuals of a particular religion to ...

In many respects, social media has become the new water cooler; employees utilize it to engage with co-workers, complain about their bosses and discuss their discontents. Many times, conference calls involve employees contemporaneously texting or group-chatting with each other, keeping up a running commentary of those things they would only say to each other and never to the boss.

With work bleeding into life more than ever (and vice versa), one issue commonly facing employers today is how to regulate off-duty social media comments made by employees that negatively ...

In a highly anticipated ruling with national impact for the oil and gas industry, the Fifth Circuit Court of Appeals late Thursday concluded that directional drilling engineers can be classified as independent contractors and not employees. This ruling sets binding precedent in the Fifth Circuit for decided, pending and future wage and hour cases, validating the oil and gas industry’s use of contract workers and protecting companies against future litigation. Annette Idalski, a Chamberlain Hrdlicka shareholder and chair of the firm’s national labor and employment ...