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.
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Diana Gomez is a talented trial attorney with extensive experience in civil lawsuits in state and federal courts. She focuses on complex labor and employment disputes by providing a full range of employment law services to her ...
The Pregnant Workers Fairness Act (PWFA) goes into effect on June 27, 2023, and will provide additional protection for pregnant job applicants and employees. If your business has fifteen (15) or more employees, the PWFA will require you to provide reasonable accommodations for job applicants and employees for “known limitations related to pregnancy, childbirth, or related medical conditions,” unless the accommodation would impose an undue hardship.
The PWFA requires a reasonable accommodation regardless of whether the pregnant applicant or employee has a ...
On April 28, 2023, new employee remedies will take effect under the Providing Urgent Maternal Protections for Nursing Mothers Act, a.k.a. the PUMP Act. The PUMP Act expands the rights of nursing employees under the Fair Labor Standards Act (FLSA) by making it unlawful for an employer to deny a covered employee a needed break to pump or a private place to pump.
The FLSA already requires employers to provide reasonable break time to employees to express breast milk in a place, other than a bathroom, that is shielded from public view and free from intrusion. For one year after a child’s ...
If you, like most employers, have included non-disparagement or confidentiality provisions in your severance and settlement agreements, you will be interested in a recent decision from the National Labor Relations Board (“NLRB”). On February 21, 2023, in a 4-1 decision the NLRB held an employer violates Section 8(a)(1) of the National Labor Relations Act (“NLRA”) when it offers a severance agreement with non-disparagement and confidentiality provisions that would restrict employees’ exercise of their NLRA rights. While some employers mistakenly believe the NLRA ...
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.
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:
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 ...