Blogs
AI in Hiring – Proceed with Caution
The rapid adoption of artificial intelligence in employment decisions presents significant opportunities for efficiency—but also substantial legal and operati
Read More »Department of Homeland Security - Partial Shutdown & How it Impacts Employers
Partial DHS Shutdown: What Businesses and Employers Need to KnowFunding for the Department of Homeland Security (DHS) lapsed on February 14, 2026, triggering a
Read More »OSHA Compliance: What Texas Construction Contractors Should Watch For in 2026
With one year of the second Trump Administration complete, federal OSHA’s regulatory agenda has come into sharper focus, and it contains several items of impo
Read More »Navigating HUB and DBE Preferences in Texas Municipal Contracting
As discussed in a client update earlier this month, recent developments at the federal and state levels have reshaped the legal landscape for race-and sex-based
Read More »OSHA Violations
On January 7, 2025 (2026), the penalties for OSHA violations increased due to a statutory cost of living adjustment. The following summarizes the minimum and ma
Read More »New Year, Same Bias?
A new California Federal action asserts that anti-discrimination statutes have been violated as a result of the use of AI screening tools to make early, outcome
Read More »Trey’s Law: How Texas’ New NDA Ban Will Transform Certain Sexual Misconduct Settlements
On September 1, 2025, Texas followed several other states in implementing Trey's Law (Senate Bill 835). The law is codified in Chapter 129C of the Texas Civil P
Read More »No Taxes on Overtime: What the Big Beautiful Bill Could Mean for Your Exempt/Nonexempt Workforce
Congress' One Big Beautiful Bill Act (Public Law 119-21) creates a temporary federal income tax deduction for overtime, widely branded as "no taxes on overtime.
Read More »Labor Board in Limbo: Fifth Circuit Challenges NLRB’s Structure
In a decision that will likely be ultimately resolved by the United States Supreme Court, the United States Court of Appeals for the Fifth Circuit held the Nati
Read More »Religious Accommodation in the Construction Industry: Lessons from the Trump-Era EEOC Enforcement Surge
The U.S. Equal Employment Opportunity Commission ("EEOC") recently has intensified its scrutiny of employers that fail to accommodate an employee's sincerely he
Read More »Trump Strips DOL of Right to Impose Liquidated Damages
On June 27, 2025, the DOL issued a field assistance bulletin announcing it will not seek nor collect payment of liquidated damages in any DOL investigation of a
Read More »Has Artificial Intelligence Made The Courtroom Crusader Obsolete?
Artificial Intelligence (AI) is on the rise in every facet of your daily life. Forms of this have been around for years, but now, its practicality and pervasive
Read More »Employer-Relevant Developments in the EAD Revocation Process
Since taking office in January 2025, the Trump Administration has aggressively worked to terminate employment authorization for nationals of multiple countries.
Read More »Trump Picks Two for NLRB, Setting up Return of Quorum
Last week, President Trump announced his choices to fill two long-standing vacancies on the National Labor Relations Board ("NLRB"). Once the nominees are confi
Read More »Governor Abbott's Position on THC Products
In the 11th hour of June 22, the last day to do so, Governor Greg Abbott vetoed SB 3 which would have enacted a state-wide ban on THC products. SB 3 would have
Read More »Trump’s Big Beautiful Bill will give ICE, DHS Much More Firepower
President Trump signed his "Big Beautiful Budget Bill" into law on July 4, 2025. Among the significant impact that this bill will have on many government progra
Read More »Fifth Circuit: Delayed Action on Accommodation May Violate ADA
Under the Americans with Disabilities Act ("ADA"), employers must accommodate employees with disabilities if the employer is on notice of the disability. While
Read More »Supreme Court Overturns Extra Evidence Requirement for Majority Discrimination Claims
In a landmark ruling, the U.S. Supreme Court has thrown out a controversial legal requirement that forced majority-group employees to produce extra evidence whe
Read More »U.S. Supreme Court Allows Trump to Revoke Immigration Protections for 350,000 Venezuelans
On Monday, the Supreme Court granted an emergency appeal from the Trump administration as it seeks to limit the Temporary Protected Status Program. The program
Read More »Running on Energy Drinks? Your Heart—and OSHA—Say Think again
The best part of waking up is taking a sip of Red Bull in your cup. We all know that it is not how the famous slogan goes, yet for many folks, coffee is skipped
Read More »Trump Rescinds Federal Contractor Minimum Wage: Legal Implications
President Trump's Executive Order No. 14236, issued March 14th, revoked 18 previous executive actions, most notably Executive Order No. 14026. This 2021 order h
Read More »Preliminary Injunctions Don’t Support Attorney’s Fees in Civil Rights and Some Employment Law Cases
The U.S. Supreme Court recently issued an important decision in Lackey v. Stinnie that will significantly affect civil rights litigation that could benefit empl
Read More »Escalation in ICE/DHS Activity in the Houston Area
On March 5, 2025, ICE raided Texas Couplings in Spring, Texas and detained 20 employees. This raid is part of the recent escalation in ICE/DHS enforcement acros
Read More »Department of Labor is Trying to Raise Salary Thresholds Again
Unless specifically exempted from overtime, employees covered by the Fair Labor Standards Act (FLSA) must receive overtime pay for hours worked in excess of 40
Read More »Will DOGE Impact the EEOC?
On February 28 2025, the Washington Post reported that Federal agencies are dismantling civil rights, CEO offices. The Trump Administration fired back condemnin
Read More »Supreme Court Unanimously Lowers Bar for FLSA Exemption Claims
The U.S. Supreme Court has unanimously ruled that companies need only prove Fair Labor Standards Act (FLSA) exemptions by a "preponderance of the evidence" rath
Read More »Key Compliance Considerations for DEI Programs: A Practical Framework for Texas Employers
President Trump signed a bevy of executive orders leaving the construction industry and adjacent fields faced with a period of unprecedented uncertainty in how
Read More »AM Talks: Understanding and Preventing Workplace Sexual Harassment
With Valentine’s Day around the corner, Mark J. Levine of Andrews Myers held an AM Talks training on sexual harassment in the workplace. This update provides
Read More »Employment Law Update 2025
The U.S. Immigration and Customs Enforcement (ICE) continues to conduct raids during the first weeks of the second Trump administration. However, new reports ha
Read More »Employment Agencies Without a Quorum
Under federal law, most agencies are run by a Commission comprised of members appointed at staggered intervals so that both Democratic and Republican presidents
Read More »OSHA's New PPE Rules: Does One Size Fit All?
On January 13, OSHA implemented a significant amendment to 29 C.F.R. 1926.95(c) requiring construction employers to provide personal protective equipment (PPE)
Read More »Trade Secret Protection in the Remote Work Era: New Challenges for Texas Employers
The dramatic shift toward remote work has fundamentally altered how Texas employers must approach trade secret protection. While the Texas Uniform Trade Secrets
Read More »AM Talks: What HR Should Expect from the Trump Administration
Just 11 days before the new administration took office, Andrews Myers Shareholders and board-certified labor and employment attorneys Mark Levine and Tony Sterg
Read More »Trump Rescinds Affirmative Action Requirements for Federal Contractors and Encourages Private Sector to Follow Suit
Amidst a series of sweeping executive orders, President Trump ended the requirement that federal contractors maintain affirmative action programs. On January 21
Read More »Contractor and Subcontractor Monthly Reports Reinstated
Late last year, the Office of Federal Contract Compliance Programs (OFCCP) announced it was reinstating the Monthly Employment Utilization Report (CC-257). Empl
Read More »Travel Time Ruling Has Far-Reaching Implications
The Seventh Circuit Court of Appeals has held that employers are required to compensate employees for time spent traveling between their home and their travel a
Read More »Biden Overtime Employee Salary Increase Struck Down
A federal judge in Texas has struck down the Biden Administration’s new overtime rule. The rule raised the minimum salary for the white-collar overtime exempt
Read More »OSHA Requirements Relating to Violence in the Workplace
The Occupational Safety and Health Administration (OSHA) released guidance instructing employers to prevent violence in the workplace to the extent possible. Wh
Read More »Employers Should Not Forget About GINA
Many employers require post-offer, pre-employment medical examinations for new hires. These pre-employment exams are specifically allowed under the Americans wi
Read More »A Better Way to Limit the Overuse of Noncompete Agreements
On August 20, 2024, Federal Judge Ada Brown blocked the Federal Trade Commission’s (FTC) rule barring non-competition agreements. Judge Brown ruled that the F
Read More »Will the New Overtime Rule be Implemented?
Probably not. The U.S. Department of Labor (DOL) issued its final rule updating the salary thresholds for exemption from overtime pay under the Fair Labor Stand
Read More »Texas Federal Court Enters Limited Preliminary Injunction Staying FTC Noncompete Ban
On July 3, a federal trial court entered a preliminary injunction staying the effective date on the Federal Trade Commission’s (FTC) ban on noncompete clauses
Read More »Preventing Harassment in the Construction Industry
The Equal Employment Opportunity Commission (EEOC) issued extensive guidance to curb harassment in the construction industry. The EEOC will use this guidance to
Read More »Navigating the EEOC's Recent Regulations on the Pregnant Workers Fairness Act
On April 15, 2024, the EEOC issued its long overdue final regulations enforcing the Pregnant Workers Fairness Act (PWFA). The regulations went into effect Tuesd
Read More »EEOC Sues Employers for Not Filing EEO Reports
The Equal Employment Opportunity Commission (EEOC) filed lawsuits against 15 employers, alleging the companies failed to submit mandatory EEO-1 reports for prio
Read More »New Salary Minimum for White Collar Overtime Exemptions Set to Go into Effect
The U.S. Department of Labor on Tuesday announced its final rule raising the salary thresholds for certain FLSA overtime exemptions. The rule addresses the over
Read More »New EEOC Guidance on Workplace Harassment: What Employers Need to Know to Update Policies
The Equal Employment Opportunity Commission (EEOC) recently released a new guidance on workplace harassment. This guidance clarifies what could constitute workp
Read More »EEOC Flags That Criminal Background Checks Should Only be Performed Post-Offer
The Equal Employment Opportunity Commission (EEOC) recently said that criminal background checks should be conducted only after an employer makes a conditional
Read More »A Closer Look at the FTC Final Rule on Non-Competes
On April 23, 2024, the Federal Trade Commission (FTC) issued its Final Rule banning all noncompetes for all workers employed by virtually every private enterpri
Read More »FTC Bars Employers from Imposing Noncompete Contracts
The Federal Trade Commission voted 3-2 on Tuesday to ban essentially all noncompete agreements that employers impose on workers. Under the new rule, existing no
Read More »Justices Ease Pathway for Title VII Suits Over Job Transfers
The U.S. Supreme Court has ruled that Title VII of the Civil Rights Act prohibits discriminatory job transfers even if they do not come with significant harm. T
Read More »Texas Supreme Court Reminds Employers Why Documentation is Key to Defeating Discrimination Lawsuits
The Texas Supreme Court case, Scott & White Memorial Hospital v. Thompson, highlights the importance of documenting employee terminations, especially when t
Read More »Tourette’s Syndrome Case Provides New Guidance for Accommodating Mental Disabilities
The Sixth Circuit Court of Appeals recently affirmed the dismissal of an ADA lawsuit brought by a delivery driver with a rare form of Tourette’s Syndrome. The
Read More »DOL's Rule Narrows Scope of Independent Contractor Classification
The Department of Labor recently issued a new final rule on determining what workers are employees and what workers are independent contractors. This distinctio
Read More »Diversity, Equity, and Inclusion Efforts May Run Afoul of EEOC
Mark Cuban set off a firestorm when he posted about his methods when looking for people who put his business in the best position to succeed. He stated that, wh
Read More »Will the FTC Enact a Ban on Noncompetes?
The Federal Trade Commission (FTC) is proposing a ban on noncompete agreements. While no one knows exactly what the FTC’s final rule will look like or whether
Read More »OSHA Civil Penalties Increase for 2024
Each year OSHA has the ability to raise penalty rates for citations issued. The new maximum OSHA civil penalties for 2024 (as compared to 2023) will be: The new
Read More »OHSA Prefers Safety Helmets over Hard Hats
OSHA now recommends that employers adopt the use of more-modern safety helmets to better protect their workforce when the potential for head injuries exists. Ac
Read More »Adverse Employment Actions May Not Need to Be Materially Adverse
In Hamilton v. Dallas County, the Fifth Circuit reversed decades of precedent requiring plaintiff to show actionable employment actions to be “ultimate employ
Read More »First Right of Refusal Under the Service Contract Act
In July 2022, the U.S. Department of Labor put forward a proposed rule which requires covered contractors and subcontractors to offer workers under the predeces
Read More »Following Up on Regulating Background Checks in Public Schools
Previously, we explained House Bill 4123 (HB4123) and the restructuring of protocols for contractors to become qualified to provide services to public schools.
Read More »New Form I-9 Must be Used by All Employers
As of November 1, 2023, employers must use the latest version of Form I-9. This new form has been available since August, but became mandatory for all employers
Read More »Anticipated Final Rule on Joint Employer Status Issued by NLRB
Based on long-standing federal law, two distinct entities could be considered joint employers of their shared employees. However, a recent agency development of
Read More »DOL & FTC Will Collaborate on Investigations
The U.S. Department of Labor (DOL) and the Federal Trade Commission (FTC) recently committed to collaborating more closely on legal enforcement efforts. The two
Read More »OSHA Proposing Expansion of Authorized Worksite Inspection Participants
The U.S. Department of Labor announced a new proposed rule to broaden who may accompany Occupational Safety and Health Administration (OSHA) compliance officers
Read More »New Rules on Prevailing Wages
The U.S. Department of Labor (DOL) recently changed how prevailing wages are determined for federal construction projects. Before the new rule, prevailing wages
Read More »Handbooks Need Revision Following NLRB Ruling
Employers should review their handbooks and policies following a landmark ruling, this month, by the National Labor Relations Board (“NLRB”). In the ruling,
Read More »High Court Revives Religious Bias Suit
Last month, the U.S. Supreme Court clarified the long-standing test for determining whether employers can refuse an employee’s requests for religious accommod
Read More »NLRB General Counsel: Noncompete Agreements are Usually Unlawful
In a memo released May 30, 2023, National Labor Relations Board (“NLRB”) General Counsel Jennifer Abruzzo announced the agency’s position that noncompete
Read More »CROWN Act Gains Traction in State Legislatures
Governor Abbott signed House Bill 567, the Creating a Respectful and Open World for Natural Hair (“CROWN”) Act, into law in Texas. The CROWN Act was first p
Read More »New Guidance Explains Requirements of the PUMP Act
The Department of Labor (DOL) recently issued guidance related to the enforcement of the PUMP Act, which became law in 2022 and took effect at the end of April.
Read More »Is Obesity a Disability Under Texas Law?
The Americans with Disabilities Act (“ADA”) and the Texas Commission on Human Rights Act (“TCHRA”) protect most job applicants and employees from discri
Read More »NLRB Revisits Employee Misconduct During Protected Activity
On May 1, 2023, the National Labor Relations Board (NLRB) issued a new ruling concerning an employee engaging in abusive conduct while involved in activity prot
Read More »Employers Must Display Updated Posters
The U.S. Department of Labor (DOL) has released a new "Employee Rights Under the Fair Labor Standards Act (FLSA)" poster to reflect recent legal changes made un
Read More »NLRB Clarifies Confidentiality and Non-Disparagement Provisions
The National Labor Relations Board’s (“NLRB”) recent decision held that confidentiality and non-disparagement provisions in employee severance agreements
Read More »Robotic Systems Compel OSHA to Consider Revising Lockout/Tagout Standard
Given recent advances in safety cutoff systems found in newer manufacturing machinery, OSHA is considering a change to its lockout/tagout standard. OSHA's locko
Read More »Updated FCRA Consumer Rights Required Notice is Now Available
The Consumer Financial Protection Bureau released an updated "Summary of Your Rights Under the Fair Credit Reporting Act" notice. Notices must be provided to ap
Read More »Pregnant Workers Fairness Act
The Pregnant Workers Fairness Act (“PWFA”) goes into effect on June 27, 2023. Pregnancy discrimination is already prohibited by the Pregnancy Discrimination
Read More »PUMP for Nursing Mothers Act
The PUMP Act serves as an amendment to the Break Time for Nursing Mothers Act enacted in 2010. The PUMP Act amendments broaden current employer obligations to l
Read More »NLRB Rules Against Confidentiality and Non-Disparagement Provisions in Severance Agreements
The National Labor Relations Board (“NLRB”) recently ruled that confidentiality and non-disparagement clauses in severance agreements violate the National L
Read More »FTC Proposes Regulatory Ban on Employee Noncompetition Agreements
The Federal Trade Commission published a proposed rule which would invalidate all noncompete agreements with workers or independent contractors. The FTC estimat
Read More »Speak Out Act Limits the use of Non-Disclosure Agreement
President Biden signed the Speak Out Act into law last month. The Act outlaws pre-dispute non-disclosure agreements concerning sexual harassment. The result is
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