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Employment Alert – Recent Supreme Court Decision Lowers Threshold for Employee Discrimination Claims – How to Mitigate Risk

Read on for tips to mitigate risk and make sure you are not caught unprepared.

Employment Alert – No More COVID-19 Vaccination Mandates in Texas

Private employers in Texas cannot require applicants, contractors, or employees to be vaccinated against COVID-19.

Employment Alert – Delivered: EEOC Publishes Final Rules Implementing Pregnant Workers Fairness Act

On June 18, 2024, the final regulations implementing the Pregnant Workers Fairness Act will become effective.

Employment Alert – Important Lesson for Employers: Tenth Circuit Decision Regarding the Oklahoma Anti-Discrimination Act

The 10th Circuit decision offers lessons for employers who receive a request for leave of absence as a reasonable accommodation.

Employment Alert – PWFA Final Regulations Are Past Their Due Date

Congress passed the Pregnant Workers Fairness Act (“PWFA”), which took effect on June 27, 2023, and applies to all employers with 15 or more employees. The EEOC issued proposed regulations in August 2023 and allowed public comment through October 11, 2023, with final regulations anticipated in late December 2023. As of the date of this alert, no final regulations have been published.

Employment Alert – Employers Should Prepare: The Labor Department Plans Major Salary Threshold Increase for Exempt Status

On August 30, 2023, the US Department of Labor published a new proposed rule to raise the annual salary level threshold for exempt workers to $55,068 per year. This new rule could become law in 2024.

Energy Alert – Supreme Court Decision Opens Door for Overtime Wage Lawsuits from Highly Compensated Day Rate Workers

This Alert highlights protective measures energy companies should consider.

Employment Alert – The Important “Interactive Process” Can Be Informal

Recently, the Tenth Circuit held an employer fulfilled its interactive accommodation obligations under the Americans with Disabilities Act (“ADA”) through informal discussions.

Employment Alert – Congress Passed Two New Laws Protecting Pregnant and Nursing Workers

The Acts provide greater protection for pregnant or breastfeeding workers.

Employment Alert – Employers Need to Address Heat-Related Hazards

Earlier this year the OSHA issued a new National Emphasis Program designed to protect employees from heat-related hazards and possible heat-related injuries and illnesses in indoor and outdoor workplaces.

Employment Alert – Supreme Court Concludes Prejudice Showing is Not Required to Establish Waiver

Don’t “waive” goodbye to tour right to enforce arbitration agreements.

Employment Alert – Healthcare Facilities Face Deadlines to Vaccinate Their Workforce

GableGotwals’ Employment & Labor team is available to help employers assess their current policies, procedures, and practices in light of these announcements.

Employment Alert – Return of the CMS COVID-19 Vaccine Rule (in Some States): Fifth Circuit Drops Nationwide Injunction

CMS now finds itself looking at a patchwork of states in which it can enforce the Rule because, as of December 15, 2021, the nationwide injunction preventing its enforcement has been dissolved just weeks after it went into effect.

Employment Alert – Court Expands Burk Tort to Include Claims of Wrongful Discharge for Opposing Violations of the Governor’s Executive Orders

The Oklahoma Supreme Court recently broke new ground on the Burk public policy tort claim. Burk wrongful discharge claims may now be based on allegations that an employer wrongfully terminated an employee for opposing an employer’s violation of an executive order issued by the Governor.

Employment Alert – Vaccine Requirements Face Continued Legislative and Legal Challenges

President Biden’s vaccine mandates have triggered a wave of legal challenges across the country.

Employment Alert – A Federal District Court Calls Timeout — CMS’s Interim Final Rule Subject to a Nationwide Injunction

Less than a month ago, CMS issued its Interim Final Rule, which requires all staff to be vaccinated against COVID-19. But, as with OSHA's ETS, litigation challenging the CMS Rule ramped up over the last month. That litigation came to a head this week with two federal district court rulings.

Employment Alert – OSHA Levels Fines Against Employers Who Fail to Implement Measures to Mitigate the Spread of COVID-19

On November 4, OSHA issued its Emergency Temporary Standard (“ETS”) that imposes a vaccine mandate on employers with 100 or more employees.

Employment Alert – A Legal Traffic Jam: OSHA Forced to Pause Implementation of Its Vaccine Mandate and CMS’s Vaccine Rule May Not be Far Behind

The Occupational Safety and Health Administration (“OSHA”) issued its Emergency Temporary Standard (“ETS”) for vaccine mandates on November 4, 2021.

Employment and Healthcare Alert – CMS Issues Emergency Regulation Requiring COVID-19 Vaccinations for Healthcare Workers: What We Now Know

CMS issued an emergency regulation requiring COVID-19 vaccination of staff at Medicare- and Medicaid-certified healthcare facilities.

Employment Alert – OSHA Issues ETS for Vaccine Mandates: What We Now Know

The ETS purports to force private employers to fully vaccinate their entire workforce or require unvaccinated employees to wear face coverings and undergo weekly testing for COVID-19.