Several motions in the lawsuit challenging the Austin Paid Sick Leave Ordinance were heard in Travis County District Court, including the motion for a temporary injunction and Defendants’ motions to dismiss the case. The court’s June 26, 2018, denial of the temporary injunction seeking to block the Ordinance produces an...
On May 25, 2018, the Texas Supreme Court held that an individual taking unpaid leave under the Family & Medical Leave Act qualifies as “unemployed” for purposes of the Texas Unemployment Compensation Act. This expansive definition of “unemployed” potentially allows individuals on unpaid leave to obtain unemployment benefits – even...
On May 3, 2018, the Houston First District Court of Appeals reversed a $17,720,000 verdict against Austin Bridge & Road, LP (“ABR”) and rendered a take nothing verdict based on the exclusive remedy defense (commonly referred to as the “comp bar”) under the Texas Workers Compensation Act. The case, Austin...
Wilson Stoker, Esq. Board Certified Labor & Employment Law Specialist Cokinos | Young View Bio Construction contractors and subcontractors that hold a federal construction contract or subcontract for $10,000 or more have certain specific affirmative action requirements under federal law. When entering into a federal contract or subcontract, construction contractors...
In a January decision out of the Northern District of Texas, Southwest Airlines escaped liability in a class action lawsuit over the company’s background check documents. Lewis v. Southwest Airlines Co., No. 3:16-cv-01538 (N.D. Tex. Jan. 11, 2018). What is easily overlooked from that victory, however, is that Southwest’s win...
A growing theory of liability that plaintiffs’ attorneys are pursuing against companies nationwide, including in Texas, is that employers should be held financially responsible for negligently failing to prevent injuries caused by the wrongful acts of employees. These claims are typically brought under the names of negligent supervision, negligent retention,...
All employers who do business in Austin, Texas, need to prepare themselves for complying with the first paid sick leave law enacted in the South. On February 15, 2018, the City of Austin passed a city ordinance that will essentially require all private employers with employees who work at least...
On January 31, Pat Wielinski presented at the 2018 Conference on Surety Bonding and Construction Risk Management sponsored by the Associated General Contractors of America, in Naples, Florida. He spoke on “Dichotomizing CGL Coverage for Construction Defects,” setting out a unique approach to identifying and handling the risks associated with...
Stephanie Cook joined with a recognized industry expert to provide a joint presentation for the TCEL/Geoprofessionals Serving Texas on the business risks that engineers face in soliciting business, providing professional services, and managing claims made against such professionals. The presentation topics included: Words Matter, part 1 - be careful what...
Stephanie O'Rourke, with the help of Travis Riley, hosted a webinar for the Construction Industry CPAs/Consultants Association (CICPAC) about what CPAs need to understand in regards to construction contract clauses. The webinar covered the following discussion topics: Pricing & Payment Scope of Work Change Orders Risk Shifting Provisions Indemnities Limits...