Gary Klein worked as a floor hand on a drilling rig for Nabors Drilling USA L.P. (Nabors). Nabors asked him to sign an acknowledgment, as a condition of his employment, that he would agree to bring all disputes through the Nabors Dispute Resolution Program (Program). At some point Nabors fired Mr. Klein. Believing that he was fired… Continue Reading »
Employer CVS’s new policy for its employees using the company health insurance is that they see a physician for a health screening disclosing their weight, height, BMI and other health info or face a $50/monthly penalty ($600/year). Although wellness programs have been around for awhile, this sheds new light on how an employer is using a penalty to… Continue Reading »
An insured homeowner, Gregg Knowles (Knowles), whose house had sustained hail damage, alleged that Travelers Co.’s Standard Fire and Insurance Co. had refused to allow homeowners to hire general contractors to fix the damage. On March 19, 2013, the U.S. Supreme Court ruled on Knowles and other similar claimants case as one of the four pending class… Continue Reading »
Policyholders and insurers usually face an initial jurisdiction fight over a lawsuit filed in state court because insurers find federal jurisdiction more appealing than state court. On February 19, 2013, the federal Western District of Texas found in favor of State Farm and denied sending the Texas Insurance Code and Deceptive Trade Practices lawsuit of two homeowners, Ronald… Continue Reading »
On March 12, 2013, the National Labor Relations Board (NLRB) announced its decision to file a petition for certioriari with the Supreme Court. The NLRB wants the Court to reverse or clarify the decision in “Noel Canning” where the D.C. Circuit held that the recess appointments to the Board by President Obama were invalid. In order for… Continue Reading »
This past Friday on March 8, 2013, all covered employers must post the new Family Medical Leave Act (“FMLA”) posters approved by the Department of Labor (“DOL”) in a place where all employees and job applicants may see it. Maybe an employer does not have employees who qualify for FMLA at one of their companies… Continue Reading »
Now nearing the last week in February 2013, how many of those New Year’s Resolutions which affect the way your business will deal with your employees are now gathering dust? As an employer did you promise to revise your Employee Handbook and Policies to capture all the changes in state and federal laws? Did you… Continue Reading »
After hearing the story about Carnival’s stranded cruise liner last week in the Gulf of Mexico, I thought about the many employees aboard the ship that worked probably overtime and in difficult conditions to aid in the ship’s voyage back to America. From my understanding, the employees of a cruise ship generally have the quarters… Continue Reading »
The D.C. Circuit recently held that President Obama’s recess appointments of three members to the National Labor Relations Board (NLRB) were unconstitutional. Without these three appointees, the NLRB lacks a necessary quorum to deliver decisions. The opinion of the D.C. Circuit in Canning v. National Labor Relations Board, (January 25, 2013), was that the Board did… Continue Reading »
While Obama gave his State of the Union Address last night highlighting his stance on gun control, I witnessed a very different stance on gun control at a Council meeting in League City, Texas. I was there to deal with a contract matter before the council, but did witness a room full of supporters for City Councilwoman Heidi Thiess’s resolution… Continue Reading »
