The Texas Legislature recently repealed the Texas First Purchaser Statute (Tex. Bus. & Com. Code § 9.343) and replaced it with the Texas First Purchaser Lien Act (now Tex. Prop. Code § 67.002), effective September 1, 2021. This change is designed to
Texas Law Blog
Insight and Information on Texas Law, Litigation, and Legal Culture
The Texas Law Blog, published by Kean Miller, focuses on legal developments and practical implications in Texas and beyond, covering topics such as procedural changes in civil litigation, interstate subpoenas, estate and tax planning, international trade regulations, and comparative state law analyses. The blog addresses issues relevant to energy, maritime, corporate, and litigation practices, providing updates on federal and state rules, trade policies, and tax legislation. It also explores strategic considerations in discovery, expert witness subpoenas, and tort law distinctions between Texas and neighboring jurisdictions. The content is aimed at legal professionals and businesses navigating complex regulatory and litigation environments.
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En Banc Fifth Circuit Rules That Highly Compensated Offshore Day Rate Worker Is Not Overtime Exempt
The federal Fair Labor Standards Act (“FLSA”) provides for the payment of overtime at the rate of one and a half times an employee’s regular rate of pay for each hour worked in excess of 40 during a 7-day workweek. …
Can You Ask Job Applicants if They Are Vaccinated?
By April Walter
On August 23, 2021, the FDA announced the Pfizer COVID-19 vaccine is now fully approved. With this news, more and more employers are adopting, or considering whether to adopt, vaccine mandates for their workforces. One issue that a vaccine mandate…
OSHA Updates Employer COVID-19 Guidance
By April Walter
On August 13, 2021, the Occupational Safety and Health Administration (OSHA) updated its COVID-19 guidance for non-healthcare employers. The updates to OSHA’s “Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace” publication follow…
“Long COVID” as a Disability under the Americans with Disabilities Act?
By April Walter
“Long COVID” or “long-haul COVID” are terms coined to describe a range of new or ongoing systems that can last weeks or months after first being infected with the COVID-19 virus. The CDC’s website lists many commonly reported symptoms among…
Employer “Poster” Compliance for Remote Workers
By April Walter
With many employees shifting to work remotely long-term in the wake of the COVID-19 pandemic, employers must be mindful of how to comply with their employment-law posting requirements vis-à-vis their remote workers. The commonly used laminated collage of posters hanging…
Texas Expands the Ability to Recover Attorneys’ Fees in Breach of Contract Cases Filed on or After September 1, 2021
By April Walter
A significant amendment to the Texas statute that allows for recovery of attorneys’ fees by a prevailing plaintiff in an action for breach of contract will take effect on September 1, 2021. Previously, Texas courts have interpreted Texas Civil Practice…
Texas Expands Sexual Harassment Laws Effective September 1, 2021
By April Walter
Several significant expansions of Texas sexual harassment law will take effect on September 1, 2021 (see Senate Bill 45 – TX SB45 | 2021-2022 | 87th Legislature | LegiScan). These expansions make it critical for virtually all Texas businesses…
Did President Biden Just Outlaw Employee Noncompete Agreements?
By April Walter
On July 9, 2021, President Biden signed the Executive Order on Promoting Competition in the American Economy While the Order is aspirational and a policy road map, it does not operate to ban, or otherwise restrict in any way, the…
It Pays to go to College: NCAA Allows College Athletes to Profit from their Name, Image, and Likeness
By Kean Miller
Effective today, July 1, the NCAA has officially suspended the organization’s rules prohibiting athletes from selling the rights to their names, images, and likenesses (“NIL”). Despite the NCAA’s longstanding principles that payments to athletes while attending college would undermine amateurism…