View Recent Blog Posts in Labor and Employment Law

  • Season’s Greetings from the IRS: Employer ACA Penalty Notices are in the Mail By Brian R. Carnie, David M. Whitaker, Robert C. Schmidt, and Angela W. Adolph The IRS is starting to notify employers of their potential liability under Obamacare’s employer mandate for the 2015 calendar year.  According to the IRS, the determinations are based on the employer’s 1094-C/1095-C informational returns filed for the 2015 tax year as... Continue Reading... ....
  • Lawsuit Claiming that Employer Sought to Evade Obamacare Costs Leads to $7.4 Million Class Action Settlement By David M. Whitaker, Brian R. Carnie, and Robert C. Schmidt As employers are well-aware, the Affordable Care Act (ACA or “Obamacare”) imposes certain minimum employee health insurance coverage requirements for employers that employ 50 or more fulltime employees (aka “applicable large employers”).  Employers who do not meet the employee coverage mandate face statutory penalties... Continue Reading... ....
  • Electronic Injury Reporting Requirement Delayed by OSHA (Again) By David M. Whitaker OSHA’s regulation at 29 CFR § 1904 requires employers with more than 10 employees in most industries to keep records of occupational injuries and illnesses at their business establishments. The regulation was first issued in 1971. Covered employers must record each recordable employee injury and illness on an OSHA Form 300, known... Continue Reading... ....
  • Employers Face H-1B Work Visa Challenges in 2018 By David M. Whitaker Companies that anticipate filing petitions for new H-1B visas to employ foreign guest workers in a “specialty occupation” should begin working now with their immigration counsel to ready their petitions for filing with the United States Citizenship and Immigration Service (USCIS).  Specialty occupations eligible for employment in H-1B status are those... Continue Reading... ....
  • Act Now By A. Edward Hardin, Jr., Scott D. Huffstetler, Erin L. Kilgore, David M. Whitaker, Terry D. McCay, Brian R. Carnie, and Michael D. Lowe, From New York to Hollywood and now New Orleans, well-publicized allegations of sexual harassment have dominated the news.  Click here for a recent CNN article on a recent issue.  Sexual harassment... Continue Reading... ....
  • Judge Strikes Down OT Rule By A. Edward Hardin, Jr., Brian R. Carnie, and Erin L. Kilgore A Federal District Judge in Texas struck down an Obama administration Department of Labor Wage and Hour Division rule that would have nearly doubled the salary basis requirement for some exempt employees.  Had the rule remained in place, for certain exempt employees, employers... Continue Reading... ....
  • Class Action Waivers Are Enforceable Even Without an Arbitration Agreement, Says the Fifth Circuit By Erin L. Kilgore and Scott D. Huffstetler On Monday, a Fifth Circuit majority held that a class-action and collective action waiver was enforceable, regardless of whether or not the waiver was part of an arbitration agreement.  This is good news for employers in the Fifth Circuit who do not want to have mandatory arbitration... Continue Reading... ....
  • Back on Track? DOL’s Information Requests Suggest Changes to Overtime Exemptions May Be on the Horizon By Chelsea Gomez Caswell Yesterday, the Department of Labor (“DOL”) Wage and Hour Division released a preview copy of a request for information (“RFI”) before issuing revised proposed overtime exemption regulations under the Fair Labor Standards Act (“FLSA”). The RFI is scheduled for publication in the Federal Register today, July 26, 2017, which will start... Continue Reading... ....
  • Statutory Employer: A Louisiana Law Primer By Matthew C. Meiners Under Louisiana law, workers’ compensation is the exclusive remedy that an employee may assert against his employer or fellow employees for work-related injury, unless he was the victim of an intentional act. That exclusive remedy also extends to statutory employers. Workers’ compensation legislation was enacted to provide social insurance to compensate... Continue Reading... ....
  • Comp Time in the Private Sector Coming? By A. Edward Hardin, Jr. Under the federal Fair Labor Standard Act, employees are entitled to be paid time and a half their regular rate of pay for all hours worked over 40 in a workweek.  Private employees cannot elect, nor can private employers offer, “comp time” in lieu of overtime pay.  Private employers can... Continue Reading... ....