The Labor & Employment Blog provides employers with breaking news, insights, and legal analysis on the wide range of labor and employment issues facing employers and businesses. While the Blog provides a general summary of regulation updates, it is not intended to be, and should not be relied upon as, legal advice. The labor & employment attorneys at Chamberlain Hrdlicka stand ready to counsel employers on the issues they face.
Larry Carbo, Shareholder and Co-Chair
Diana Perez Gomez, Shareholder and Co-Chair
Julie Offerman, Shareholder
Kellen Scott, Shareholder
Leslie Tan, Senior Counsel
Elizabeth Feeney, Associate
AmyJo "AJ" Foreman, Associate
Chamberlain Hrdlicka Blawgs
Shortly after Chamberlain Hrdlicka’s update concerning the vaccine-or-test Emergency Temporary Standard (“ETS”) that the Occupational Safety and Health Administration (“OSHA”) announced for employers with 100 or more employees, the Fifth Circuit Court of Appeals stayed enforcement of the ETS. The three-judge panel noted the legal filings “give cause to believe there are grave statutory and constitutional issues” with the ETS. The Fifth Circuit’s stay is in place while the Court considers a motion to permanently stop the ETS from taking effect. The ...
The Occupational Safety and Health Administration (“OSHA”) released an Emergency Temporary Standard (“ETS”) for COVID-19 Vaccination and Testing on November 3, 2021, which applies to most employers with 100 or more employees. OSHA may issue an ETS when it determines workers are in grave danger due to exposure to toxic substances, agents, or new hazards.
What does the ETS require?
Covered employers are required to implement a mandatory vaccination policy. Alternatively, employers may implement a policy providing all employees the option to be fully vaccinated or to ...
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 ...