Employment Alert – The FLSA’s Salary-Basis Test Post-Loper-Bright

When the United States Supreme Court junked the 40-year-old Chevron doctrine this past term in its Loper Bright decision, many in the legal community were wondering what the fallout would look like. Loper Bright liberated courts to freshly interpret statutes and eschew deference to agency interpretations, setting the stage for a flood of rulings invalidating regulations across the administrative state. A prime candidate for attack: the Department of Labor’s “Minimum Salary Rule.”

By |2024-09-19T15:56:18-05:00September 13th, 2024|Comments Off on Employment Alert – The FLSA’s Salary-Basis Test Post-Loper-Bright

Proposed OSHA Heat Safety Regulations: What Employers Need to Know

Since 2022, the Occupational Safety and Health Administration (OSHA) has been focused on heat-related hazards and possible heat-related injuries and illnesses in indoor and outdoor workplaces. OSHA recently proposed workplace regulations designed to protect workers from heat-related illnesses and fatalities, specifically.

By |2024-07-25T16:35:46-05:00July 25th, 2024|Comments Off on Proposed OSHA Heat Safety Regulations: What Employers Need to Know

Enforcement Alert – Watch That Routine Venting and Flaring!

This landmark settlement underscores NMED’s use of flyover and remote sensing technologies for enforcement of air regs in the Permian Basin, and serves as a reminder to operators to inventory facilities in anticipation of more aggressive Clean Air Act enforcement at federal and state levels.

By |2024-06-18T16:37:01-05:00June 3rd, 2024|Comments Off on Enforcement Alert – Watch That Routine Venting and Flaring!

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.

By |2024-06-18T16:13:17-05:00April 16th, 2024|Comments Off on Employment Alert – Delivered: EEOC Publishes Final Rules Implementing Pregnant Workers Fairness Act

Energy Alert – Implications of New 10th Circuit Opinion On Oilfield Contamination Litigation

The Tenth Circuit’s decision will likely make it more difficult to obtain summary judgment in oilfield contamination cases.

By |2024-06-18T15:47:00-05:00February 20th, 2024|Comments Off on Energy Alert – Implications of New 10th Circuit Opinion On Oilfield Contamination Litigation

White-Collar Defense Alert – Recent Amendment to the U.S. Sentencing Guidelines Allows for More Lenient Sentencing of Nonviolent First-Time Offenders

Earlier this year, the U.S. Sentencing Commission voted to approve several amendments to the U.S. Sentencing Guidelines, including promulgating a new guideline at §4C1.1, entitled Adjustments for Certain Zero-Point Offenders, thus paving the way for more lenient sentences for certain nonviolent, first-time offenders.

By |2024-06-18T15:42:43-05:00September 14th, 2023|Comments Off on White-Collar Defense Alert – Recent Amendment to the U.S. Sentencing Guidelines Allows for More Lenient Sentencing of Nonviolent First-Time Offenders

Litigation Alert – The Newly Created Texas Business Court: What You Need to Know

Texas recently passed legislation creating a Business Court system to hear certain disputes between or among businesses and their owners or controlling persons and management regarding breach of contract, breach of fiduciary duty, corporate governance, and the like.

By |2024-06-18T16:16:20-05:00July 17th, 2023|Comments Off on Litigation Alert – The Newly Created Texas Business Court: What You Need to Know
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