Workers Compensation & Employment

On July 17, 2019, Senate Bill 57, a bill decriminalizing industrial hemp cultivation and permitting possession of CBD oil derived from hemp was passed by the legislature and will be sent to the Governor for signature. Assuming it is signed (which is expected) it will...

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Senate Bill 57, a bill decriminalizing industrial hemp cultivation and permitting possession of CBD oil derived from hemp was unanimously passed by the Senate on March 28 and moves now to the House for consideration. Hemp and marijuana are related, but actually two different plants. Hemp...

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On January 25, 2019, in SuperShuttle DFW, Inc., 367 NLRB No. 75 (2019) (“SuperShuttle”), the National Labor Relations Board (“NLRB”) affirmed the common law test for determining whether workers are independent contractors under the National Labor Relations Act (“NLRA”). Section 2(3) of the NLRA excludes...

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If you are an employer with at least 100 employees, or a federal contractor with at least 50 employees, you are likely aware that you are required to submit an annual Employer Information Report known as the “EEO-1.”  Due to the partial government shutdown which...

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On December 14, in Texas v. United States, a District Court judge in the Northern District of Texas held that the Affordable Care Act (“ACA”) violates the United States Constitution. Where does this leave employers who have over 50 employees and are providing health coverage...

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On October 11, 2018, the Occupational Safety and Hazard Administration (OSHA) released an updated Memorandum to clarify its position on whether employee drug screening and safety incentive programs are permissible.  In May 2016, OSHA published a final rule that prohibited employers from retaliating against their...

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The Office of the General Counsel (“GC”) for the National Labor Relations Board (“NLRB”) has issued new Guidance to its Regional Directors and Offices regarding employee handbook policies in response to an NLRB ruling in December, The Boeing Company, 365 NLRB No. 154.  The new...

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By Kristina E. Curry On May 21, 2018, the U.S. Supreme Court upheld employment arbitration agreements which prohibit employee class and collective actions.  Epic Systems Corporation v. Lewis No. 16-285, involved three consolidated cases where former employees attempted to make claims under the Fair Labor Standards...

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Under the Affordable Care Act, a 40% excise tax, often referred to as a “Cadillac tax”, was originally scheduled to apply for tax years beginning after 2017.   This Cadillac tax was to be levied on the “excess benefit” provided to an employee by an employer-sponsored...

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