Employment & Labor Law Archives

Legal Update: Weber v. BNSF Railway Company (Feb. 2021)

By Riess LeMieux|2021-04-07T12:28:56-05:00April 7, 2021|

A recent federal court decision reiterates the importance of employers enforcing employee attendance policies to defend against potential lawsuits. In Weber v. BNSF Railway Company, the U.S. Fifth Circuit affirmed summary judgment disposing of an employee’s failure-to-accommodate claims under the Americans with Disabilities Act (ADA), holding that regular worksite attendance, notwithstanding a diagnosis of epilepsy, was an essential job function.

COVID-19 Vaccinations and Your Workplace Webinar

By Riess LeMieux|2021-01-20T16:07:32-06:00January 20, 2021|

Thomas Henican, partner at Riess LeMieux, will cover legal issues implicated by the recent approval and use of COVID-19 vaccines, including: Equal Employment Opportunity guidance, the ADA, the Civil Rights Act and the Pregnancy Discrimination Act. The discussion will include best practices for employers considering distribution of the vaccine directly (or through a third party) and/or requiring proof of vaccination to return to work, and will conclude with a discussion of Louisiana’s liability limiting COVID-19 statute as to employer vaccination programs and the proposed federal legislation.

Legal Update: Berkel & Co. Contractors, Inc. v. Lee (Nov. 2020)

By Riess LeMieux|2020-12-08T10:37:03-06:00December 8, 2020|

In a recent decision concerning the Texas Workers’ Compensation Act (TWCA), the Texas Supreme Court emphasized the high bar plaintiffs must meet to satisfy the narrow “intentional tort” exception in the statute. As in many other states, a Texas worker’s injuries sustained during the course of employment are exclusively governed by the TWCA. The only exception that would allow a worker to sue an employer for damages outside the purview of the TWCA is if the employer intentionally caused the worker’s injuries. The Texas Supreme Court ruled that an employer who commits gross negligence or deliberately ignores a risk of injury to an employee does not meet the definition of “intentional” under the TWCA.

Legal Update: Proposed Department of Labor Rule

By Riess LeMieux|2020-10-08T10:32:31-05:00October 8, 2020|

The Department of Labor recently issued a proposed rule to determine whether workers are considered employees or independent contractors. If adopted, the new five-factor test will implement an updated standard by which companies must classify workers as either employees or independent contractors for the purpose of workers’ compensation and labor laws.

Bankruptcy Code Amendments in the CARES Act

By Riess LeMieux|2020-08-26T11:44:33-05:00April 29, 2020|

The recently passed CARES Act provides significant assistance to small businesses that may be considering bankruptcy due to financial losses caused by the COVID-19 pandemic. The new law expands the debt limits threshold from $2,725,625 to $7,500,000, thus allowing many more individuals and businesses to qualify for expedited bankruptcy relief under the Small Business Reorganization Act. Bankruptcy filers will also be able to exclude any economic relief they receive from the federal government as a result of the COVID-19 pandemic so as not affect their eligibility to file. Lastly, those operating under a confirmed Chapter 13 plan, assuming proof of “material financial hardship,” can extend their plan up to seven years.

Labor and Employment Issues Amid COVID-19 – What Employers Need to Know

By Riess LeMieux|2020-08-26T11:44:00-05:00April 3, 2020|

As the novel coronavirus (COVID-19) continues to spread, employers and employees alike are concerned about how the virus may impact their rights. Employers are also concerned about what duties are owed to employees under federal or state law. These concerns may include notifying employees of preventative measures or leave requirements resulting from the spread of […]

National Labor Relations Board Released a Final Rule on Joint Employment

By Riess LeMieux|2020-04-28T13:46:48-05:00March 11, 2020|

The National Labor Relations Board (NLRB) released a final rule on joint employment under the National Labor Relations Act (NLRA), which drastically changes joint-employer status from a broad indirect-control theory to a more narrow “substantial direct and immediate control” theory.