Dallas Gerstle Snelson, LLP Austin

Vial with liquid drug as vaccine dose flu shot along with syringe for injection treatment on medical table. Vaccination or immunization care concept background.

Covid Executive Order For Federal Contractors and Large Companies

On September 9, 2021, President Biden ramped up COVID-related safety protocol in two areas by requesting that: 1.   The Safer Federal Workforce Task Force (“Task Force”) prepare increased safety protocols for federal contractors which should include mandatory vaccinations; and 2.   The Department of Labor issue temporary rules that will require employers of 100 or more employees to require vaccinations. The Task Force was created in July 2021 to provide oversight to the development and implementation of COVID-19 workplace safety plans across the federal government.  In the brief time si
operator recording operation of oil and gas process

Day Rate and Overtime Dollars: Hewitt V. Helix and Its Impact on Exempt Employees

After three rounds of deliberation, the Fifth Circuit finally issued its ruling earlier this month in Hewitt v. Helix Energy Solutions Group, Inc. et al., a case with broad implications for employers with both exempt and non-exempt employees as defined by the Fair Labor Standards Act (“FLSA”). The Hewitt Court considered the case of an offshore rig worker who was paid over $200,000 annually and held that his employer did not satisfy the “salary basis” element to qualify the worker as an exempt employee because his pay was calculated on a daily basis. The FLSA requires that overtime mus
Coronavirus and medical research

Lessons From the Elizabeth Holmes Trial

With start-up businesses or any endeavor in its beginning phases, the phrase “fake it till you make it” is often used as a phrase of encouragement. This phrase is taking on a new meaning as the trial begins of Elizabeth Holmes, a person at the center of Silicon Valley’s biggest scandal in recent history. Holmes, once the world’s youngest, self-made, female billionaire and former CEO of Theranos, faces charges for ten counts of wire fraud and two counts of conspiracy to commit wire fraud, up to twenty years in prison, and payment of potential fines and restitution. The charges are based
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Even Superheroes Have Legal Battles

Actress Scarlett Johansson stars in the latest Marvel superhero film Black Widow that hit audiences in theaters two weeks ago. In its first week, the movie brought in $80 million in domestic box office revenue with another $78 million abroad. Sounds like good news, right? Well not according to Johansson in a recent lawsuit filed in Los Angeles County on her behalf against Disney Studios. Johansson is alleging that the day-and-date release of her Marvel movie was in breach of her contract with Disney. Day-and-date means that a movie is released in theaters and simultaneously released for stream
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Kickbacks Get Kicked Down

Recently, an attorney in South Texas voluntarily resigned from the practice of law rather than face a disciplinary hearing alleging his criminal conduct violated the laws he was sworn to protect. The former lawyer plead guilty to bribing a Texas state district court judge to make favorable rulings in court. The attorney pleaded guilty to conspiracy to commit bribery, obstruction of justice, three counts of Travel Act violations, and three counts of federal-program bribery. Bribing or attempting to bribe an official in any capacity is a bad idea. The gravity of the situation is exacerbated if a