By Linda H. Evans, Senior Associate. In a 2-1 decision, the appeals court in Washington, DC, called into question the subsidies that help low and middle income people pay their premiums, saying financial aid can be paid only in states that have set up their own insurance markets or […]
Labor & Employment
52 posts
By Linda H. Evans, Senior Associate. Over the last few weeks, the Supreme Court has issued several opinions that have a direct impact on employers. Here are three of them: Employers and Health Benefits: In the Hobby Lobby case, the Court ruled in a 5-4 decision that some […]
By Linda H. Evans, Senior Associate. The Big Texan Steak Ranch restaurant (home of the 72-ounce steak dinner) recently paid $800,000 to settle a labor department dispute in which it was alleged that the restaurant took too much of a bite out of tips to workers. A 2011 audit […]
By Kelline R. Linton, Junior Associate. Last week, the NLRB ordered the reinstatement of an employee who was fired for cussing out his employer, ruling that the employer unlawfully discharged him because he did not lose the protection of the National Labor Relations Act (“NLRA”) during the profanity-laced outburst. […]
By Kelline R. Linton, Junior Associate. In the last two years, intern class actions have exploded across the country. Generally, these class actions claim that employers violate the Fair Labor Standards Act (“FLSA”) when they fail to pay their interns. As of May 2014, only one court has […]
By Kelline R. Linton, Junior Associate. The NLRB has announced it will decide whether employers must permit employees to use workplace email for union purposes. This week, the Board issued a notice and invitation to file briefs in Purple Communications, Inc. (Bogas, Oct. 24, 2013), a case in […]
By Linda H. Evans, Senior Associate. Houston is the last major city without its own local anti-discrimination law. But that may soon change. Next week Mayor Anise Parker is going to place before the City Council a proposed ordinance that would ban discrimination based on sex, race, color, ethnicity, […]
By Kelline R. Linton, Junior Associate. In a recent decision, the National Labor Relations Board (“NLRB”) ruled that a “no gossip” work policy violated federal labor law (Hill and Dales General Hospital, 360 NLRB No. 70 (April 1, 2014)). Specifically, the policy provided: • Employees would not make […]
By Linda H. Evans, Senior Associate. Those tricky Texas non-competes pop up again! Earlier this month two Houston surgical assistants, who were sued by their former employer for launching their own business, were cleared by a Harris County jury. The former employer was seeking over a million dollars in […]
By Kelline R. Linton, Junior Associate. On February 10, 2014, the IRS and Treasury issued the final regulations on the Employer Shared Responsibility provisions under Section 4980H of the Internal Revenue Code. These regulations explain how to determine a large employer for the Affordable Care Act (“ACA”) employer mandate […]