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
In a recent Shale Magazine article, Kellen Scott, shareholder in our Houston’s Labor & Employment and Commercial Litigation practices, discussed the U.S. House of Representatives passing the Forced Arbitration Injustice Repeal (FAIR) Act, H.R. 963. The bill, if enacted into law, would void all pre-dispute mandatory arbitration agreements in employment, antitrust, consumer, and civil rights matters. The FAIR Act also purports to eliminate pre-dispute class and collective action waiver provisions.
If the FAIR Act were to pass in the Senate and be signed into law, it would ...
In a recent Houston Business Journal article, Kellen Scott, shareholder in our Houston’s Labor & Employment and Commercial Litigation practices, discussed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 passed by the U.S. Congress in February. The bill, since signed into law by President Biden, invalidates pre-dispute arbitration clauses and restricts the enforceability of other agreements between businesses and individuals.
According to Scott, the Act amends the Federal Arbitration Act, to (i) prohibit enforcement of certain ...
OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard
Effective today, January 26, 2022, the Department of Labor’s Occupational Safety and Health Administration (OSHA) has withdrawn the COVID-19 vaccination and testing emergency temporary standard (ETS) issued on November 5, 2021, which required all employers with 100 or more employees to implement either a mandatory COVID-19 vaccination policy or a policy allowing employees to undergo weekly COVID-19 testing and face covering as an alternative to vaccination.
Yesterday, OSHA filed a motion to dismiss the ...
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.
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