Joint Employer Status

Generally, this weekly post is somewhat related to the realm of Employment Law or HR topics. However, this week I decided to take a brief jump over into the realm of Insurance Law – primarily because I thought this recent case out of the United States District Court Western District of Texas El Paso Division […]

Recently, a jury in New Jersey ordered a large bank to pay a former employee $2.4 million in damages for allegedly failing to take effective action to protect her and other employees from a customer’s alleged sexual harassment and misconduct. According to her lawsuit, former wealth manager Damara Scott said she was leaving the bank […]

Brett Horvath was employed as a driver/pump operator by the City of Leander Fire Department (Leander is a city north of Austin, Texas). In 2016, the Fire Department began requiring TDAP vaccinations (TDAP is a combination vaccine that protects against three bacterial diseases: tetanus, diphtheria, and pertussis (whooping cough)). Horvath, an ordained Baptist minister, objected […]

Stray remarks, while “offensive,” did not show that Texas Children’s Hospital fired an employee based on race, the 5th U.S. Circuit Court of Appeals has ruled (Eaglin v. Texas Children’s Hospital, No. 19-20222 (5th Cir. Feb. 4, 2020)) [http://www.ca5.uscourts.gov/opinions/unpub/19/19-20222.0.pdf]. Plaintiffs Annette Williams and Victoria Eaglin—who are both black—worked for Texas Children’s Hospital (“TCH”) as Patient Access […]

Recently, the Fifth Circuit Court of Appeals has once again show the stunning amount of deference that courts give to arbitration awards. In Kemper Corporate Servcs., Inc. v. Computer Sciences Corp., Kemper Corporate Services, Incorporated (“Kemper”), an insurance company, hired Computer Sciences Corporation (“CSC”), a software developer and technology-services company, to update its insurance software. […]

On January 13, 2020, the U.S. Department of Labor (DOL) released its long-awaited final rule regarding joint-employer status under the Fair Labor Standards Act (FLSA).  This rule sets forth principles governing the determination of joint employer liability under the FLSA.  The DOL issued the final rule to “reduce uncertainty over joint employer status, promote greater […]