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Many companies in Texas utilize employee non-compete agreements to protect their business interests and keep trade secrets from spreading through their industry. Recently, an executive order released by the White House on July 9, 2021 targets non-compete agreements and clauses in an alleged attempt to create a more open and competitive economy for workers. Many states outlaw or severely restrict non-competes, but allow lawsuits for theft of trade or proprietary information. Currently, Texas law generally upholds non-compete agreements that are considered “reasonable” in scope and are supported by valid consideration. To be considered reasonable, a Texas non-compete agreement must have…
As the COVID-19 pandemic continues and new variants of the virus emerge, the Occupational Safety and Health Administration (OSHA) has released a new emergency temporary standard (ETS) for the healthcare industry as well as recommendations for other industries on how to keep their employees and customers safe. These emergency rules show the dire situation currently gripping the nation as OSHA has only proposed nine previous emergency rules in the past 40 years. For the healthcare industry, this standard will go into effect once it is published in the Federal Register. Guidance for other employers not covered by the ETS…
Over the years, MehaffyWeber has been fortunate to achieve many successes for its clients. The firm’s expansion from one Beaumont office to four offices across Texas, as well as its continued achievement in litigation, has made it a legal powerhouse. As such, it’s no wonder that as the firm has grown over time, so have its accolades and continued work with various globally and nationally recognized professional organizations. Working With Globally and Nationally Recognized Organizations Since its inception in 1946, MehaffyWeber has seen continued success for its clients through its proactive approach to the practice of law. Its 75-year track…
While the majority of states require employers to offer workers’ compensation coverage to employees, Texas does not. In Texas, a business whose employees could be eligible for the program can make the choice to opt out of the system, commonly known as non-subscription. 44% of all Texas Employers are non-subscribers and over 20% of all employees are no longer covered under workers’ compensation. Non-subscribing businesses typically establish their own plans to address workplace injuries and subsequent injured worker claims. Texas has given business owners this option since 1913; however, many businesses do not know that they are not required to…
Since the firm’s inception in 1946, MehaffyWeber has proudly represented clients across various industries through its Beaumont office. As the firm grew over the years and demand for its services increased, the need for expansion became clear. The firm now has active offices in addition to Beaumont in Houston, Austin, and San Antonio. The attorneys try cases throughout the state and mediate and arbitrate cases nationally. Humble Beginnings MehaffyWeber began serving clients on January 1, 1946 in Beaumont, Texas under the name of Cecil and Keith. Founding lawyers Lamar Cecil and Quentin Keith were both heavily involved in the legal…
As more companies are encouraging employees to return to physical offices and in-person work, the question of whether or not a company can require all workers to receive a COVID-19 vaccination has become a serious topic of discussion. According to newly released federal guidance, the Equal Employment Opportunity (EEO) laws do not prevent employers from requiring all employees physically entering the workplace to be fully vaccinated for COVID-19. Employers are even able to provide incentives to their employees to encourage them to get their vaccination and help prevent further spread and evolution of the virus. The Equal Employment Opportunity…
Since 1946, the attorneys at MehaffyWeber have dedicated themselves to serving both local and national professional associations. From Texas organizations like the State Bar of Texas and Texas Association of Defense Counsel to nationally and internationally-recognized groups like the International Association of Defense Counsel and the Federation of Defense and Corporate Counsel, leadership roles have come naturally to many of the attorneys at MehaffyWeber. Its lawyers have served in a wide variety of leadership roles, including positions on local, regional, national, and international boards and committees. From the Jefferson County Bar Association to the State Bar of Texas to the…
Texas law takes a restrictive view of what duties an insurance agent owes to policy purchasers, and claims for breach of fiduciary duty against an agent are not typically successful. In Texas, there is no formal fiduciary duty between an insurance agent and an insured. There is also no legal duty imposed upon an insurance agent to extend policy protection of their insured simply because the agent knows the customer may need additional insurance. A recent Texas court case reaffirmed the legal premise that insurers do not owe fiduciary duties to insureds. In Ec & Sm Guerra v. Phila. Indem. …
In late February of 2021, Winter Storm Uri caused record-breaking low temperatures throughout the state of Texas.   The resulted in an overwhelming demand on the electrical grid that lead to failures and outages at power generation facilities. Over 2.7 million Texas households were left without power, people died, and 254 counties experienced property damage as an unprecedented winter storm caused rolling blackouts across much of the state. State leaders were divided on placing blame for the outages, with some immediately naming wind and solar energy as the culprits and others putting the blame on the state’s electricity grid not being…
As the COVID-19 pandemic approaches the one-year mark in Texas, the effects of the pandemic on the construction industry are still being felt. Construction companies continue to face challenges in keeping job sites active, productive, and safe for contractors and employees. Texas may be recovering slowly as vaccine distribution has been delayed and new, more contagious virus strains are appearing; however, construction projects are moving forward, and construction companies must take preventative action to keep their projects and assets safe from coronavirus-related litigation. COVD-19 related lawsuits have been filed across the country and range in subject matter, from personal injury…