View Recent Blog Posts in Labor and Employment Law

  • Kean Miller Data Security Alert: W-2 Phishing Scam Returns for Tax Season By Jessica C. Engler The IRS has sent an urgent alert to employers this month that a W-2 phishing scam that many companies fell victim to in 2016 is back in full force for 2017. The IRS warns that this scam is emerging earlier this year and is targeting school districts, tribal organizations, and nonprofits [...] Continue Reading... ....
  • Employers Respond to “A Day Without Immigrants” By Michael D. Lowe Last week, thousands of employees throughout the county skipped work as part of “a day without immigrants” demonstration. The employees were protesting the Trump administration’s recent actions regarding immigration. The stated intent was to negatively impact the nation’s economy in an effort to highlight the contributions of immigrant labor. Restaurants were [...] Continue Reading... ....
  • ADA Access: “Drive By” or “Google” Lawsuits and the Americans with Disabilities Act? By Price Barker, Brian Carnie, and Michael Lowe Disability access lawsuits have become a cottage industry and they have found their way into Louisiana, Texas and Arkansas.  Most are brought by the serial litigants working with same law firm.  These plaintiffs visit a business for the primary purpose of discovering an Americans with Disabilities Act [...] Continue Reading... ....
  • U.S. Supreme Court To Consider Class-Action Waivers By Scott Huffstetler Today, the United States Supreme Court decided to consider three decisions involving class-action waivers in employee arbitration agreements.  As background, many employers require employees to sign arbitration agreements.  In these agreements, employees give up the right to sue their employer and agree that all employment related claims will be subject to arbitration.  [...] Continue Reading... ....
  • OSHA Updates Safety Rules for Walking-Working Surfaces By R. Lee Vail, P.E., Ph.D. On November 18, 2016, the Occupational Safety and Health Administration (“OSHA”) issued a final rule “revising and updating its general industry standards on walking-working surfaces to prevent and reduce workplace slips, trips, and falls, as well as other injuries and fatalities associated with walking-working surface hazards.” 81 Fed. Reg. [...] Continue Reading... ....
  • What Now? FLSA Overtime Regulations Continue to Evolve By Scott Huffstetler and Ed Hardin In the wake of yesterday’s news that a Texas federal judge issued a nationwide injunction halting the FLSA overtime regulations, scheduled to become effective December 1, 2016, many employers are asking “what now.”  The answer will continue to develop.  For now, though, here are some initial things to keep [...] Continue Reading... ....
  • Breaking: New FLSA Salary Rule Enjoined by Court By Erin Kilgore, Ed Hardin, and Brian Carnie A federal district judge in Texas has entered a nationwide injunction which prevents the U.S. Department of Labor’s new FLSA minimum salary level rule from going into effect on December 1, 2016.  Prior to today, the DOL’s new rule would have nearly doubled the minimum weekly salary [...] Continue Reading... ....
  • Some (But Not All) ACA Deadlines Extended for 2016 Reporting Year By Brian R. Carnie On Friday, November 18, 2016, the IRS announced an automatic extension of the Affordable Care Act deadlines for distributing the 1094-B/1095-B and 1094-C/1095-C forms to employees. This relief gives applicable employers an additional 30 days (from January 31, 2017 to March 2, 2017) to deliver these forms to employees. This relief [...] Continue Reading... ....
  • Decision on Fair Labor Standards Act Expected Next Week? By Erin Kilgore, Ed Hardin and Brian Carnie Could a decision on the challenge to the U.S. Department of Labor’s new salary basis rule be coming soon? Employment Law360, a national, daily legal news service, reported this morning that a Texas Federal Judge would decide by Tuesday, November 22, whether to stop the new overtime rules [...] Continue Reading... ....
  • Employees and Time Off to Vote By Ed Hardin and Brian Carnie Record breaking voter turn out is expected on Tuesday.   Employers should be aware that neither federal nor Louisiana law requires an employer to give an employee time off to vote, but Louisiana law does forbid employers from discriminating against an employee based on his or her political beliefs.  It [...] Continue Reading... ....