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Dan Stern

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Dan works closely and seamlessly with his clients to develop policies, practices, and programs designed to bring clarity and consistency to their overall employment environment in order to minimize potential claims or regulatory scrutiny. He recognizes that even the most well-crafted and well-intentioned employment policies won't serve his clients well if they are not practical or compatible with a company's operations or culture.

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Workplace Violence Reporting Poster Required

Effective September 1, 2023, Texas employers of any size are required to “post a notice to employees of the contact information for reporting instances of workplace violence or suspicious activity to the Department of Public Safety.” On its website, the Texas Workforce Commission (“TWC”) has posted a notice to employers that compliance is expected beginning on January 8, 2024, and provided a poster to be posted in English and Spanish in a conspicuous place convenient to all employees to comply with this new requirement.

This requirement followed the enactment of Senate Bill 240, which requires healthcare facilities to adopt a workplace violence prevention plan, as described below.Continue Reading Legal Updates for Texas Employers in 2024

The United States Fifth Circuit Court of Appeals recently published an opinion addressing reassignment of an employee with a disability to a vacant position as a reasonable accommodation pursuant to the Americans with Disabilities Act (“ADA”). EEOC v. Methodist Hospital of Dallas.Continue Reading Reassignment as an Accommodation Under the Americans with Disabilities Act – Reasonable or Not

A few things employers should consider as the New Year approaches

As a new year approaches, one thing many have in common is wondering about what lies ahead. Here are just a few things employers should be considering. The overarching theme? Compliance.

Every year, laws change. For employers, these changes flag new compliance issues. This year, perhaps more than any in recent history, this exercise is more critical. Congress is primed to enact new laws in the pending infrastructure package which has, in part, set this in motion. The Biden Administration and the President’s appointments to various agencies have also dramatically made this concern even more important. These changes will require employers to review how they have been operating over the years, and how these statutory and other legal developments will require them to alter their practices going forward. This article highlights a few of these items.Continue Reading Labor & Employment Compliance in 2022

The American Rescue Plan Act of 2021 (“ARPA”) provides a premium subsidy for continuing coverage under the Consolidated Omnibus Budget Reconciliation Act (“COBRA”) for employees who lost their health insurance coverage as a result of an involuntary termination (other than gross misconduct) or a reduction of hours, known as Assistance Eligible Individuals (“AEIs”). This COBRA premium subsidy generally is available between April 1, 2021, and September 30, 2021, unless it ends earlier for AEIs who become entitled to other group health coverage or Medicare.
Continue Reading The Window Is Closing for Employers to Notify Individuals About the Expiring ARPA COBRA Subsidy

On March 2, 2021, Texas Governor Greg Abbott issued Executive Order GA-34, ending Texas’ statewide mask mandate and allowing all businesses to operate at 100% capacity. The Executive Order will take effect on March 10, 2021, giving employers approximately a week to decide how their operations and policies will change, or if they will change, as a result of the Reopening Order.Continue Reading What Does Governor Abbott’s “Reopening Texas” Executive Order Mean For Texas Employers?