IRS Continues to Ramp Up Efforts to Collect ACA Penalties from Non-Compliant...
For those who think the chance of being assessed penalties for non-compliance with the Affordable Care Act are slim to none, think again. The IRS’ efforts to enforce the ACA’s employer mandate are...
View ArticleCongress Provides More Time To Use FFCRA Paid Leave (at the Employer’s Option)
On Monday, December 21, 2020, Congress passed another stimulus package to provide certain coronavirus relief for individuals and businesses, among other things. One looming question was whether...
View ArticleThe Fifth Circuit Announces New Standard For Collective Action Certification
On January 12, 2021, the U.S. Court of Appeals for the Fifth Circuit vastly changed the landscape for collective action wage and hour claims under the federal Fair Labor Standards Act. In Swales v....
View ArticleDid President Biden Just Outlaw Employee Noncompete Agreements?
On July 9, 2021, President Biden signed the Executive Order on Promoting Competition in the American Economy While the Order is aspirational and a policy road map, it does not operate to ban, or...
View ArticleTexas Expands Sexual Harassment Laws Effective September 1, 2021
Several significant expansions of Texas sexual harassment law will take effect on September 1, 2021 (see Senate Bill 45 – TX SB45 | 2021-2022 | 87th Legislature | LegiScan). These expansions make it...
View ArticleEmployer “Poster” Compliance for Remote Workers
With many employees shifting to work remotely long-term in the wake of the COVID-19 pandemic, employers must be mindful of how to comply with their employment-law posting requirements vis-à-vis their...
View Article“Long COVID” as a Disability under the Americans with Disabilities Act?
“Long COVID” or “long-haul COVID” are terms coined to describe a range of new or ongoing systems that can last weeks or months after first being infected with the COVID-19 virus. The CDC’s website...
View ArticleOSHA Updates Employer COVID-19 Guidance
On August 13, 2021, the Occupational Safety and Health Administration (OSHA) updated its COVID-19 guidance for non-healthcare employers. The updates to OSHA’s “Protecting Workers: Guidance on...
View ArticleCan You Ask Job Applicants if They Are Vaccinated?
On August 23, 2021, the FDA announced the Pfizer COVID-19 vaccine is now fully approved. With this news, more and more employers are adopting, or considering whether to adopt, vaccine mandates for...
View ArticleEn Banc Fifth Circuit Rules That Highly Compensated Offshore Day Rate Worker...
The federal Fair Labor Standards Act (“FLSA”) provides for the payment of overtime at the rate of one and a half times an employee’s regular rate of pay for each hour worked in excess of 40 during a...
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