ArticleLabor Law Leadership Update: Gwynne Wilcox Reinstated, Lori Chavez-DeRemer ConfirmedStaffing changes to two top labor positions in the new administration signal potential shifts in labor policy and governance.United StatesEmployment and HRPhelps Dunbar LLP
ArticleNLRB Reinstates Protections For Worker Outbursts And ProfanityOn May 1, the National Labor Relations Board (NLRB) reinstated three previously used, context-specific tests for analyzing whether an employee's offensive outbursts...United StatesEmployment and HRPhelps Dunbar LLP
ArticleNoncompete OK'd By NLRB In Employer WinThe new year could bring a shift in favor of employers using noncompete agreements.United StatesEmployment and HRPhelps Dunbar LLP
ArticleOSHA Bumps Fines For Employer Violations Starting Jan. 15The U.S. Department of Labor revealed the annual inflation adjustments for OSHA civil penalties on Jan. 9. The increased penalty levels apply to any penalties assessed after Jan. 15.United StatesEmployment and HRPhelps Dunbar LLP
ArticleProposed Legislation Could Postpone Discovery In ERISA LitigationA proposed bill, H.R. 6084, the "ERISA Litigation Reform Act," is largely aimed at raising pleading standards in suits alleging prohibited transactions under ERISA Section 406.United StatesEmployment and HRPhelps Dunbar LLP
ArticleRetirement Plans May Offer Employees Post-Hurricane Disaster ReliefIn the aftermath of Hurricanes Beryl, Debby, Francine, Helene and Milton, among other recent disasters, it is critical for employers to know that their employees might find some disaster relief in their retirement plan accounts.United StatesEmployment and HRPhelps Dunbar LLP
ArticleStates' EEOC Lawsuit Over Certain Pregnancy-Related Workplace Accommodations May ProceedIn the first ruling of its kind, an appellate court heard a challenge to the Pregnant Workers Fairness Act (PWFA). This decision could impact whether employers must update their policies...United StatesEmployment and HRPhelps Dunbar LLP
ArticleSupreme Court Upholds Entitlement To Overtime For Worker Earning More Than $200,000 A YearIn a case closely watched by the oil and gas industry, the United States Supreme Court ruled in Helix Entergy Solutions Group, Inc. v. Hewitt that an oil rig worker earning more...United StatesEmployment and HRPhelps Dunbar LLP
ArticleLouisiana Receives Its First Class VI Carbon Capture PermitLouisiana's Department of Energy and Natural Resources (LDENR) issued the state's first Class VI permit authorizing the injection of carbon dioxide (CO2) into underground formations for storage. United StatesEnvironmentPhelps Dunbar LLP
ArticleCertain Financial Institutions Covered By FDIC Or NCUA Must Certify Affirmative Action Plans By June 29, 2023The Office of Federal Contract Compliance Programs (OFCCP) is the federal agency within the Department of Labor that monitors and enforces compliance with federal anti-discrimination law...United StatesFinance and BankingPhelps Dunbar LLP
ArticleSip, Sip, Hooray? An Analysis Of Florida's SIP Proposal To Curb High Pharmaceutical PricesThe United States faces significantly higher pharmaceutical prices compared to other developed nations, with brand-name drugs averaging more than three times the costs found abroad. United StatesFood, Drugs, Healthcare, Life SciencesPhelps Dunbar LLP
ArticleThe Biggest Changes The Second Edition Brings To The Fiscal Year 2022 Mississippi State Health PlanThe Mississippi State Department of Health recently adopted the FY 2022 Mississippi State Health Plan, Second Edition, (SHP) which includes significant changes to Certificate of Need criteria...United StatesFood, Drugs, Healthcare, Life SciencesPhelps Dunbar LLP
ArticleFederal Court Holds Texas Anti-Indemnity Act Does Not Bar All Additional Insured ObligationsA federal court in Texas has held that the Texas Anti-Indemnity Act's section nullifying additional insured status applies only to the extent...United StatesInsurancePhelps Dunbar LLP
ArticleFourth Circuit Says: Statute Of Limitations Runs From Inception Of Fire Loss In North CarolinaWith a second decision on the issue in as many years, the Fourth Circuit has confirmed that, in North Carolina, policyholders must file lawsuits to recover policy benefits for fire losses...United StatesInsurancePhelps Dunbar LLP
ArticleLA Supreme Court Clarifies Contract Controls Prescriptive Period For First-Party Bad Faith ClaimsThe Louisiana Supreme Court recently ruled that an insurance policy's two-year limitation on the institution of suits by a policyholder creates a two-year prescriptive period...United StatesInsurancePhelps Dunbar LLP
ArticleSupreme Court Of Texas Answers Certified Questions Regarding CausationA recent opinion from the Supreme Court of Texas provides guidance for Texas courts to interpret claimed exceptions to the concurrent-causation doctrine.United StatesInsurancePhelps Dunbar LLP
ArticleFifth Circuit Rules Employer Can't Enforce An Arbitration Agreement It Failed To SignThe U.S. Court of Appeals for the Fifth Circuit affirmed that an employer could not compel arbitration against its workers because the employer's representative failed to sign the agreement.United StatesLitigation, Mediation & ArbitrationPhelps Dunbar LLP
ArticleMad Dash To Comply With California's New Privacy Regulations Averted As Court Stays Enforcement Until 2024A California court has stayed enforcement of regulations implementing the California Privacy Rights Act (CPRA).United StatesPrivacyPhelps Dunbar LLP
ArticleConstruction Executive Magazine: Women In ConstructionKelsey Kornick Funes represents both plaintiffs and defendants in disputes involving public and private construction projects, representing owners, contractors, subcontractors...United StatesReal Estate and ConstructionPhelps Dunbar LLP
ArticleNo Data Breach Immunity In Florida After Governor Vetoes BillIn a surprising turn of events, Governor DeSantis vetoed Florida's Cybersecurity Incident Liability Act, HB 473. As explained in our prior alert, that bill would have provided immunity...United StatesTechnologyPhelps Dunbar LLP