Dallas Austin

After three rounds of deliberation, the Fifth Circuit finally issued its ruling earlier this month in Hewitt v. Helix Energy Solutions Group, Inc. et al., a case with broad implications for employers with both exempt and non-exempt employees as defined by the Fair Labor Standards Act (“FLSA”). The Hewitt Court considered the case of an offshore rig worker who was paid over $200,000 annually and held that his employer did not satisfy the “salary basis” element to qualify the worker as an exempt employee because his pay was calculated on a daily basis. The FLSA requires that overtime mus

With start-up businesses or any endeavor in its beginning phases, the phrase “fake it till you make it” is often used as a phrase of encouragement. This phrase is taking on a new meaning as the trial begins of Elizabeth Holmes, a person at the center of Silicon Valley’s biggest scandal in recent history. Holmes, once the world’s youngest, self-made, female billionaire and former CEO of Theranos, faces charges for ten counts of wire fraud and two counts of conspiracy to commit wire fraud, up to twenty years in prison, and payment of potential fines and restitution. The charges are based

In July, President Biden issued Executive Order 13991, creating the Safer Federal Workforce Task Force to oversee the development and implementation of agency COVID-19 workplace safety plans across the federal government. The Task Force has created protocol for federal employees, contractors and visitors working inside federal buildings or on federal lands or controlled areas that seemingly implicate construction contractors and subcontractors. After the Food and Drug Administration (FDA) gave full approval of the Pfizer COVID-19 vaccine, President Biden’s administration took additional step

While COVID-19 and its variants continue to sweep across the state, causing hospital bed shortages and debates about personal freedom, Texas courts find themselves in the middle of a legal battle regarding the executive power of local governments versus the executive power of Governor Greg Abbot. On July 29, 2021, Governor Abbott issued Executive Order GA-38 pursuant to his powers under the Texas Disaster Act, which gives him broad powers to “issue executive orders having the force and effect of law” in disaster situations, such as COVID-19 has been declared. GA-38 was a sweeping proclamat

On August 13, 2021, the Occupational Safety and Health Administration (OSHA) updated its guidance to employers in the ongoing effort to protect workers from the coronavirus. The update, available here, was based upon recent data from the Center for Disease Control and Prevention (CDC) relating to the virus including addressing the more virulent Delta variant.  The CDC’s recommendations include: Fully vaccinated people wear a mask in public indoor settings in areas of substantial or high transmission. Fully vaccinated people might choose to wear a mask regardless of the level of transmissio

This afternoon, Dallas County issued a mandatory masking order. A full copy of the Order can be accessed here.  The Order comes on the heels of a Dallas district court judge issuing a temporary restraining order yesterday evening preventing enforcement of Governor Abbott’s ban on local mask mandates. The Dallas County Order takes effect at 11:59 p.m. Wednesday, August 11, 2021 and requires as follows. 1.  Who is impacted? Commercial entities in Dallas County providing goods or services directly to the public. All childcare centers and pre-K through 12th-grade public schools. All contract

The vaccine and mask wars are not over in Texas.  On June 7, 2021 Governor Greg Abbott signed into law a bill that prohibits any business operating in Texas from requiring what has been referred to as a “vaccine passport.” SB 968 prevents any Texas business from asking customers to show proof of their vaccination status or post-infection recovery status in exchange for receiving services. This law comes after Abbott issued a similar executive order on April 5, 2021 that applied only to state agencies and private organizations that receive state funding. Nursing homes and long-term care