On January 13, 2022, the U.S. Supreme Court issued a decision that set aside the OSHA mandate requiring a COVID-19 vaccination of all employees of businesses with more than 100 employees.
OSHA’s Mandate
In 2021, OSHA issued an emergency temporary
Latest from BoyarMiller - Page 2
Texas Pandemic Liability Protection Act continues to protect businesses from COVID lawsuits
By Josie Morgan
In June of 2021, Gov. Greg Abbott signed the Pandemic Liability Protection Act into law. The Act applies retroactively to lawsuits filed on or after March 13, 2020. Since becoming the law in the State of Texas at least two…
Overtime Still Applies – Highly Paid Employees Entitled to Overtime Wages
By Josie Morgan
The Fifth Circuit recently held that a daily rate employee who made over $200,000 per year was nevertheless entitled to overtime wages. There are two key takeaways from this case for employers. First, employers should not assume they will not…
Howdy, General Partner: Who to Serve when Suing a Texas Limited Partnership
By Josie Morgan
In a rare error-correction case, the Texas Supreme Court—speaking by per curiam opinion—reversed a decision by the Fifth Court of Appeals in Dallas that had incorrectly validated service of process on an owner, president, and CEO of a limited partnership.…
Executive Order From Texas Governor Impacts Employers Decision on COVID-19 Vaccine Mandate
By Josie Morgan
On October 11, 2021, Governor Greg Abbott issued an Executive Order stating that “No entity in Texas can compel receipt of a COVID-19 vaccine by any individual, including an employee or a consumer, who objects to such vaccination for any…
E-Sign of Things to Come from the Texas Supreme Court
By Josie Morgan
The Texas Supreme Court recently grappled in Aerotek, Inc. v. Boyd with the manner in which Texas court must evaluate proof of electronic signatures in the context of an arbitrability dispute. In doing so, the Court established firm ground rules…
Texas Legislature Expands Recovery of Attorneys’ Fees under Texas Civil Practice and Remedies Code Chapter 38
By Josie Morgan
The Texas Legislature passed House Bill 1578 on May 31, 2021. Governor Abbott signed it into law on June 15, 2021. Effective September 1, 2021, Texas Civil Practice and Remedies Code Chapter 38.001(b) will allow successful plaintiffs in breach of…
The Biden Administration has turned its sights on limiting the enforcement of non-competes: how will your business be affected?
By Josie Morgan
On July 9, 2021, President Biden issued an executive order to address, among other things, the preservation of a fair, open, and competitive marketplace in the American economy. Specifically, the order notes that:
“[B]road and sustained prosperity depends on an…
Texas Seeks to Protect Businesses from COVID-19 Lawsuits
By Josie Morgan
The Texas Legislature is set to pass new legislation that could potentially put a stop to pending and future lawsuits asserting damages related to COVID-19 exposure. If done, it would accomplish what the U.S. Congress was unable to do earlier…
Lying Behind the Log: What You Do Know Can Hurt You
By Josie Morgan
When it comes to buying a business, what you don’t know may hurt you, but what you do know could hurt you as well. What’s going on? Choice of law is going on, specifically, the choice of law provision in…