Labor & Employment Blog

Late last year, the Federal Trade Commission issued a policy statement that superseded its prior policy statements and guidance concerning the FTC’s interpretation of the scope and meaning of unfair methods of competition as addressed in the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 ...

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Effective today, January 26, 2022, the Department of Labor’s Occupational Safety and Health Administration (OSHA) has withdrawn the COVID-19 vaccination and testing emergency temporary standard (ETS) issued on November 5, 2021, which required all employers with 100 or more employees to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

Background

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 ...