View Recent Blog Posts in Labor and Employment Law

  • Recent Headlines Demonstrate the Need for Policies and Training By A. Edward Hardin, Jr. America’s dad, America’s newscaster, and Louisiana’s Secretary of State all recently occupied headlines regarding allegations of sexual misconduct.  Last month, a Norristown, Pennsylvania jury found Bill Cosby guilty of three counts of sexual assault.  This was the same Bill Cosby who played the role of Dr. Cliff Huxtable on The... Continue Reading... ....
  • U.S. Supreme Court Overtime Ruling Signals Change By Ed Hardin On April 2, 2018, the United States Supreme Court issued its opinion in Encino Motorcars, LLC v. Navarro.  In a 5-4 decision, the Court ruled that automobile service advisors are not entitled to overtime under the federal Fair Labor Standards Act (“FLSA”).  In the Encino Motorcars case, the Court was asked to... Continue Reading... ....
  • TGIF! The End of an Action-Packed Few Weeks in Employment Law By Erin L. Kilgore It’s been a busy end of February.  For employers, the past two weeks have included several notable decisions: Dodd-Frank Does Not Protect In-House Whistleblowers Last Wednesday, on February 21, 2018, the United States Supreme Court unanimously held that the anti-retaliation provision of the 2010 Dodd-Frank Wall Street Reform and Consumer Protection... Continue Reading... ....
  • Misclassifying Employees as Independent Contractors could Violate the NLRA By Zoe Vermeulen Deciding whether to classify workers as employees or independent contractors is an ongoing issue for companies. Misclassifying employees as independent contractors can draw the ire of federal and state agencies – including the Internal Revenue Service, the Department of Labor, and state workers’ compensation agencies – and can subject employers to back... Continue Reading... ....
  • 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... ....