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Labor & Employment Blog

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, Managing Shareholder and Co-Chair

Kellen Scott, Shareholder

Minakshi Swaminathan, Associate

Elizabeth Feeney, Associate

AmyJo "AJ" Foreman, Associate

Hannah Strawser, Associate


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  • Posts by Kellen R. Scott
    Shareholder

    Kellen Scott is a Shareholder in the firm and has proudly spent his entire professional career with the firm, focusing on employment and commercial litigation matters. Kellen also serves on the firm’s Recruiting Committee.

    In his ...

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Effective today, January 26, 2022, the Department of Labor’s Occupational Safety and Health Administration (OSHA) has withdrawn the COVID-19 vaccination and testing emergency temporary standard (ETS) issued on November 5, 2021, which required all employers with 100 or more employees to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.

Background

President Biden recently issued an Executive Order that advances a campaign promise to, among other things, eliminate non-competition agreements. But first, agencies must weigh in and adopt rules to promote the administration’s policies. The Executive Order does not, by itself, outlaw restrictive covenants or other employment practices.
The Biden | Harris campaign promised to work with Congress “to eliminate all non-compete agreements, except the very few that are absolutely necessary to protect a narrowly defined category of trade secrets, and outright ban all ...

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 ...