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 remote workers. The commonly used laminated collage of posters hanging on an employee bulletin board back at the office will not suffice for these workers.
Labor and Employment Law
Texas Expands Sexual Harassment Laws Effective September 1, 2021
By April Walter on
Posted in Labor and Employment Law
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 critical for virtually all Texas businesses to adopt formal written policies and train workers on the prohibitions against sexual harassment.
First,…
Did President Biden Just Outlaw Employee Noncompete Agreements?
By April Walter on
Posted in Business and Corporate, Labor and Employment Law
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 otherwise restrict in any way, the enforcement of employee noncompete agreements.
In the week that followed, many news outlets published articles…
The Fifth Circuit Announces New Standard For Collective Action Certification
By Zoë Vermeulen on
Posted in Fair Labor Standards Act, Labor and Employment Law
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. KLLM Transport Services, L.L.C., the Fifth Circuit rejected the lenient standard typically employed by federal district courts for “conditionally certifying”…
Congress Provides More Time To Use FFCRA Paid Leave (at the Employer’s Option)
By Brian Carnie on
Posted in COVID-19, Labor and Employment Law
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 Congress would extend the emergency paid sick leave (EPSL) and emergency paid family leave (EFMLA) provisions of the Families First Coronavirus Response Act (FFCRA) into next year?
The…
IRS Continues to Ramp Up Efforts to Collect ACA Penalties from Non-Compliant Employers
By Brian Carnie on
Posted in Labor and Employment Law
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 alive and kicking. Since late November 2017, the IRS has been sending out proposed penalty notices to companies they believe were not…