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Pregnant Workers Fairness Act Becomes Effective
Pregnant workers often experience extra hardships in the workplace. It is very common for pregnant workers to require more frequent rest breaks and bathroom breaks, to need to sit, and to avoid heavy lifting. Such assistance is usually referred to as “accommodation.”
A Daily Rate of Pay, No Matter How High, is Not a Salary — Says the Supreme Court
Discussion of the February 2023 Supreme Court decision in Helix Energy Solutions Group, Inc. v. Hewitt, No. 21-984, 2023 U.S. LEXIS 944 (Feb. 22, 2023). Michael Hewitt was [...]
Ending Forced Arbitration for Allegations of Sexual Assault and Sexual Harassment
Effective immediately, employer-employee arbitration agreements common in business may no longer compel employees to arbitrate disputes concerning allegations of sexual assault or sexual harassment. This is the result [...]
The Supreme Court Upholds Stay of President Biden’s OSHA Vaccination Mandate; Overturns Stay of Healthcare Workers Mandate — Where Do Things Stand Now?
The Supreme Court today handed down two per curiam decisions that will have significant impact on the nation’s fight against COVID-19. In per curiam decisions, there is no [...]
Vaccine Mandate, OSHA, and the Fifth Circuit
On Saturday, November 6, the Fifth Circuit Court of Appeals issued an Order staying implementation of the OSHA emergency rule mandating vaccinations for employees of employers with 100 [...]
Starting September 1, 2021 – Texas Employers of ANY SIZE Can Be Sued for Sexual Harassment in the Workplace
The Texas Legislature recently passed Senate Bill 45 (SB 45) paving the way for any Texas employer – of any size – to be sued for sexual harassment in [...]
Court Dismisses Lawsuit Challenging Hospital’s COVID Vaccination Requirement
Houston Memorial Hospital and several affiliated health care facilities announced to their employees on April 21, 2021 that they had until June 7, 2021 to show proof that [...]
Reasonable Agreements and the FLSA: A Different Approach to Wage-Hour Issues Raised by Working from Home
We’ve always had employees who worked from home, either by their choice, their employers’ choice, or the nature of their work. Since March of 2020, however, in response [...]
Will the New Sheriff in Town be the Old Sheriff?
The issue of who is an employee versus an independent contractor never grows old, it seems. The basic federal guidelines for what constitutes an employment relationship were first [...]
The COVID Vaccine and Workplace Compliance
By Brian Farrington and Casey Erick It sometimes seems that an eternity has passed since early 2020, when COVID-19 began to affect our lives. However, in medical terms, [...]