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
Business and International Tax Blog
- Posts by Kellen R. ScottShareholder
Mr. Scott maintains a general civil litigation practice in state and federal courts, with particular emphasis on employment law, governmental defense, and civil rights.
His practice includes the defense of employers and ...
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 ...
Yesterday, the FTC hosted a virtual forum during which six speakers from various industries provided their reactions to the proposed ban on non-compete agreements. The President of a Tennessee logistics company who founded the website www.endnoncompetes.com offered his opinion that non-competes are unnecessary and used to bully young people. He proudly announced that his company currently is violating around 100 non-compete agreements. A former Chief Human Resources Officer who now represents a public policy organization that advises chief human resources officers ...
Late last year, the Federal Trade Commission issued a policy statement that superseded its prior policy statements and guidance concerning the FTC’s interpretation of the scope and meaning of unfair methods of competition as addressed in the Federal Trade Commission Act (“FTC Act”). The FTC indicated it would no longer follow the “rule of reason” inquiry and, instead, focus on trying to stop unfair methods of competition “in their incipiency based on their tendency to harm competitive conditions.” The FTC stated an unfair method of competition need not cause ...
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.
Employers with employees who work in San Antonio or Dallas should be prepared for the earned paid sick leave ordinances that are set to take effect for most employers on August 1, 2019. Barring a court enjoining the ordinances from taking effect, employers soon must begin allowing employees who perform at least eighty hours of work for pay in the cities in a year to accrue paid sick leave.
Last year, the City of Austin led the way in Texas by requiring private employers to provide employees with paid sick leave. Shortly thereafter, Texas legislators promised to pass a bill that would outlaw ...