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Law In The Workplace

Handling Employee Religious Objections to Mandatory Vaccine Policies

Employment Law, OSHA, Vaccination Requirements

October 1, 2021

Mandatory Employee Vaccination Rules Present Challenges when Considering Religious Exceptions to the Rule.

As we reported earlier (see the KRCL blog post, here), the Occupational Safety and Health Administration (“OSHA”) is in the process of developing an “emergency” temporary standard, requiring employers with more than 100 employees to mandate that their employees be fully vaccinated or, if the employee is excused from the mandate, to produce a negative COVID-19 test at least once per week.  Although it is not clear when OSHA’s temporary rule will be issued (and there will likely be several state challenges to the anticipated rule), a number of employers are already implementing mandatory vaccine policies in the workplace.  

Fifth Circuit Declares Day-Rate Workers, even Those Earning over $200K/Year, Not Exempt—Unless the Employer Also Pays a Weekly Guaranteed Amount

Employment Law, FLSA

September 14, 2021 / Dennis P. Duffy

By: Dennis P. Duffy1

In an en banc decision that the dissent predicted will wreck needless and excessive suffering to the “oyl biddness,” the Fifth Circuit held that a day rate—even for employees earning over $200k a year—does not meet the salary basis test for exempt status under the Fair Labor Standards Act (“FLSA”), unless the employer also provides a minimum weekly guarantee that the employee must earn regardless of hours worked. Hewitt v. Helix Energy Solutions, No. 19-20023 (5th Cir. September 9, 2021) (en banc).  

Dennis P. Duffy

As Pandemic Eases, New DOL, OSHA, and TWC Rules Inform Both Employees and Employers

Employment Law

June 14, 2021 / Andrea Johnson

New DOL, OSHA, and TWC Rules Inform Both Employees and Employers, as Pandemic Eases[1]

A. New Standard Issued by DOL Aimed at Protecting At-Risk Workers in Healthcare

On June 10, 2021, the Department of Labor (“DOL”) issued a highly anticipated emergency temporary standard (“ETS”) setting workplace safety parameters for employers in the healthcare sector during COVID-19. What does this new standard mean for employers?

Andrea Johnson

Texas “Anti-Vaccination Passport” Law

Employment Law

June 10, 2021 / Dennis P. Duffy

On May 7th, 2021, Texas Governor Greg Abbott signed a law banning COVID-19 “vaccine passports” effective immediately. So, what does SB 968 mean for employers? Does SB 968 prevent an employer from requiring employees to show proof of vaccination […]

Dennis P. Duffy

Issue of Control Dictates Duty Owed to Subcontractor’s Employees

Employment Law

June 3, 2021

A general contractor owes a duty of care to its independent contractor's employees only if the general contractor retains actual or contractual control over the means and methods of the independent contractor's work according to the Texas Supreme […]

Paid Sick Leave Post-FFCRA

FFCRA, Sick Leave

May 4, 2021

Although many employers provide paid sick leave as a benefit for their employees, no federal law currently requires private employers to provide paid sick leave. Last year, Congress passed the Families First Coronavirus Response Act ("FFCRA" […]

Termination of Employment when an Employee “Peacefully Protests.”

Employment Law, HR Policies & Procedures, Internal Investigations

April 8, 2021 / Andrea Johnson

This COVID year plus has been a time of lockdowns and social distancing.  However, along the way, people have been out in public, without necessarily social distancing, and protesting—vociferously and publicly, and, in some instances, as a […]

Andrea Johnson