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Featured Federalist Article: In Restaurant Law Center v. DOL, the Fifth Circuit Invalidates DOL Tip Credit Rules Under New Loper Bright Standard

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Elizabeth K. Dorminey has authored an article for the Federalist Society.  Here's a quick summary of what this article, In Restaurant Law Center v. DOL, the Fifth Circuit Invalidates DOL Tip Credit Rules Under New Loper Bright Standard, is about. The court found that DOL’s Final Rule was contrary to the clear statutory text of the Fair Labor Standards A…
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Sad News – Martin H. Steckel – 1943 – 2023

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It is with great sadness that we announce the death, on February 4, 2023, of Senior Principal Martin H. (“Marty”) Steckel following a brief illness.  Please join us in expressing our condolences to his loving family and many, many friends.
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2022 — On the Frontline Conference — Event Summary & Photos

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Wimberly Lawson is pleased to celebrate the 41st Anniversary of our Labor & Employment Law Update Conference. The event started as a small local seminar and has grown steadily in size and success. Our day-and-a-half program covered a sweeping range of relevant laws, important legal decisions, and societal trends affecting labor and employment. Approxim…
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The Far-Reaching Effects of Pay Disclosure Laws

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California and New York recently passed laws that require employers to disclose a salary amount or pay range for advertised positions. Colorado, Washington State, and New York City already have these requirements, and Connecticut, Maryland, and Nevada require employers to give job candidates salary information during the hiring process or upon request.
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What Does Your Social Media Presence Say About Your Company?

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I was looking around a popular business-oriented social media site, and the content that some companies posted caught my trained employment lawyer’s eye. One, in particular, posted a lot of photos of employees who were all uniformly young (in their 30s and younger), energetic, and white.
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Prepare for the Worst and Hope for the Best

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Last week, an EF-3+ tornado touched down in the city where I live, so it is not surprising that the concept of disaster preparedness is on my mind. (Thankfully, my family and I suffered no damage). Is your business prepared if a disaster were to strike? And is your business required by OSHA to have a written emergency action plan?
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The “Boy’s Club” Problem

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It’s Women’s History Month, so it is a good time to talk about avoiding sex discrimination in the workplace. This topic came to me by way of a personal experience. It recently came to my attention that a male opposing counsel in a large litigation matter sent an invitation to join him and his trained dogs on a bird hunt. However, the invitation was sent on…
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Dealing with An Employee’s Request for Leave As A Reasonable Accommodation

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The Americans With Disabilities Act (ADA) prohibits discrimination against persons with disabilities. What sets it apart from other anti-discrimination statutes is the requirement that an employer provides reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employe…
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What Does the New #MeToo Inspired Law Mean for Business?

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A rare bipartisan effort has brought us a new federal law that was enacted in response to the #MeToo movement. This new law will prohibit companies from forcing employees to use arbitration, rather than the courts, to resolve cases involving sexual harassment or sexual assault in the workplace.
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Although the OSHA ETS is Dead, OSHA Can Still Cite Employers for COVID Related Hazards

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Today, the U.S. Department of Labor announced the final nail in the coffin of the OSHA COVID-19 Emergency Temporary Standard (ETS). Specifically, the DOL announced that it will withdraw the COVID ETS, effective January 26, 2022. This comes after the U.S. Supreme Court stayed enforcement of the OSHA ETS on January 13, 2022, which guaranteed the ETS’ demise…
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viles of vaccines indoors

The Supreme Court Stays the OSHA ETS; CMS Vaccine Mandate for Healthcare Workers Goes Forward

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Yesterday, we received decisions from the US Supreme Court on the status of the OSHA COVID-19 ETS and the CMS vaccine mandate for healthcare workers. As I predicted, the OSHA ETS has been stayed, and the CMS mandate has been allowed to go forward.
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