On Wednesday, March 18, 2020, by a vote of 90 to 8, the U.S. Senate passed H.R. 6201 – the coronavirus paid leave bill. The bill had bipartisan support and the support of both the U.S. Chamber of Commerce and the President. President Trump signed the bill into law shortly after passage.
The House originally
Employees who experience a “COBRA-qualifying event” and would otherwise lose group health coverage are entitled to elect to continue their group health coverage under federal law – COBRA. For those employers not covered by COBRA (who have fewer than 20 employees), Louisiana has a group health insurance continuation statute that also allows employees to continue
After midnight on March 14, 2020, the U.S. House of Representatives passed H.R. 6201, a 110 page, bipartisan coronavirus response bill. The House approved the bill on a 363-40 vote and has President Trump’s support. Included in the bill are comprehensive mandated paid leave provisions related to the coronavirus outbreak. The Senate is expected to
Responses to the coronavirus that directly impact employers are making their way through Congress. CBS and other news outlets are reporting on Congressional leaders’ negotiations regarding various measures that will directly impact employers. These measures include paid emergency sick leave and disaster unemployment assistance. See the attached link from CBS News regarding the Congressional response
Indemnity provisions are widely used in the energy industry as a method of contractually apportioning liability between parties. These provisions are a staple in Master Service Agreements and can be unilateral or mutual. Often, agreements contain knock-for-knock provisions where each party assumes responsibility for claims made by its own employees or subcontractors. When disputes arise,
Deciding whether to classify workers as employees or independent contractors is an ongoing issue for companies. Misclassifying employees as independent contractors can draw the ire of federal and state agencies – including the Internal Revenue Service, the Department of Labor, and state workers’ compensation agencies – and can subject employers to back taxes, penalties, lawsuits
In the recent case of Halle v. Galliano Marine Service, L.L.C., No. 16-30558, 2017 WL 1399697 (5th Cir. Apr. 19, 2017) the U.S. Fifth Circuit addressed for the first time whether ROV technicians, who are traditionally Jones Act seamen, qualify as seamen under the Fair Labor Standards Act (“FLSA”). The Court found that the
In November 2016, the Eastern District of Louisiana again confronted the “marshland” involved in categorizing a contract as maritime or non-maritime. In In re: Crescent Energy Services, LLC, No. 15-819 (E.D. La. Nov. 7, 2016), the court held that a contract to plug and abandon a well in Louisiana waters was maritime in nature.
In recent years, businesses of all types have experienced an uptick in lawsuits filed under Title III of the Americans with Disabilities Act (“ADA”), which prohibits discrimination against disabled persons regarding access to and enjoyment of places of public accommodation. With a ruling from the Western District of Louisiana in August 2015, the reach of
The U.S. Fifth Circuit recently held that a vessel management company did not have a valid maritime lien on the vessels it managed despite its attempt to create such a lien by the language in its management agreement. Comar Marine, Corp. v. Raider Marine Logistics, L.L.C., 2015 WL 4079541 (5th Cir. 2015) should serve