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Oil & Gas Employer Liability Issues

Gray Reed

More Guidance on Worker Classification for the Energy Industry

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This post is a summary of a more detailed Client Alert prepared by Gray Reed’s labor and employment practice group. Recall our recent post on the Department of Labor’s new “Economic Realities Test” for classifying...more

Gray Reed

Employee or Independent Contractor? Know the New Rules

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The Department of Labor recently made key changes to its rules in a way that will affect the oil and gas sector. The new rule rescinds a Trump Administration rule that had simplified the process of classifying workers as...more

Miller & Martin PLLC

OSHA Recommends Use of Safety Helmets Rather Than Hard Hats for Certain Job Sites

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OSHA has announced that it is replacing traditional hardhats used by its employees with more modern safety helmets to protect them better when they are on inspection sites. Among other problems, hard hats may fall off the...more

Morgan Lewis - Up & Atom

NRC’s Atomic Safety and Licensing Board Dismisses Violations of NRC’s Anti-Retaliation Regulation

Morgan Lewis - Up & Atom on

In a recent Memorandum and Order (Order), an NRC Atomic Safety and Licensing Board (Board) unanimously granted summary disposition to the Tennessee Valley Authority (TVA), dismissing three alleged violations and partially...more

Holland & Knight LLP

En Banc Fifth Circuit Holds Highly Paid Rig Worker Not Covered by FLSA Overtime Exemption

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In a decision that will impact pay practices in the oil and gas and many other industries in Texas, Louisiana, Mississippi, and beyond, the en banc U.S. Court of Appeals for the Fifth Circuit affirmed on Sept. 9, 2021, that...more

Gray Reed

Increased Scrutiny Surrounding Noncompete Agreements During the Pandemic

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Since the current economic downturn began in February 2020 as a result of the COVID-19 pandemic, noncompete agreements have become increasingly scrutinized nationwide, and courts have become more reluctant to enforce them. ...more

Morgan Lewis - Up & Atom

NRC Hosts Public Meeting on Final Changes to Fitness-for-Duty Drug Testing Requirements

The Nuclear Regulatory Commission (NRC) hosted a public meeting on April 13 to discuss and solicit stakeholder feedback on the cumulative effects of regulation regarding final changes made to the fitness-for-duty (FFD) drug...more

Cozen O'Connor

Marijuana Legalization Push May Impact PA Utilities’ Zero Tolerance Policies

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Pennsylvania Governor Tom Wolf, in his 2021 budget address on February 3, 2021, again pressed the Pennsylvania Legislature to legalize adult-use recreational marijuana. His recommendation stems from a report by Lieutenant...more

Bennett Jones LLP

Managing Oil & Gas Environmental Risks in Insolvency Scenarios: Background and Checklist for Working

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From the lingering shockwaves of the Redwater decision, to more recent developments involving COVID-19 and reduced global oil demand in the face of continuing egress and access-to-market constraints, the Western Canadian oil...more

Robins Kaplan LLP

Financial Daily Dose 6.16.2020 | Top Story: Supreme Court Issues Landmark Decision Protecting LGBTQ and Transgender Workers

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On Monday, the Supreme Court delivered a surprising and monumental win for LGBTQ and transgender Americans, ruling 6-3 that the Civil Rights Act of 1964 applies to protect “gay and transgender workers from workplace...more

Robins Kaplan LLP

Financial Daily Dose 1.13.2020 | Top Story: Labor Dept. Issues Stricter Joint Employer Test in New Rules

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Sunday’s release of a long-awaited Labor Department final rule on joint employment spells trouble for workers hoping to “sue large companies for wrongdoing by contractors or franchisees.” The rule reverses Obama-era policies...more

Littler

Ontario, Canada: Human Rights Tribunal Awards $120,000 Award for Discrimination in Hiring Process

Littler on

The Human Rights Tribunal of Ontario (the “HRTO”) recently rendered its decision on remedy in the Haseeb v. Imperial Oil Limited case, following up on its liability decision in which it found the employer’s practice of...more

Jackson Walker

New Fifth Circuit Decision Upholds Independent Contractor Status for Directional Driller Consultants Under the Fair Labor...

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Claim by Directional Drillers for Overtime Pay. The boom for domestic energy producers, particularly in the Permian Basin, has been accompanied by the companion challenge of how to compensate transient oilfield professionals...more

Pillsbury - Gravel2Gavel Construction & Real...

Ninth Circuit Directs District Court to Decide Whether California Wage and Hour Law Applies to Offshore Oil and Gas Platform...

On February 5, the U.S. Court of Appeals for the Ninth Circuit decided an interesting Outer Continental Shelf Lands Act (OCSLA) case, Newton v. Parker Drilling Management Services, Ltd. The Ninth Circuit reversed the Central...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Medical Marijuana: Key Employment Law Issues for Petroleum Marketing Operations

My law firm colleague Nate Read and myself authored an article for the Arkansas Oil Marketers Association publication The Canopy titled: Arkansas Medical Marijuana: Key Employment Law Issues for Petroleum Marketing...more

Akin Gump Strauss Hauer & Feld LLP

Trump Administration: 2017 Recap and 2018 Outlook

On January 20, 2017, businessman Donald J. Trump was sworn in as the 45th President of the United States following a contentious and unconventional 2016 presidential election. Republicans also successfully maintained control...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Louisiana Court Rejects Landman’s Whistleblower Claim Based on Finding That He Was an Independent Contractor

A recent Louisiana Court of Appeal decision held that an oil and gas landman did not have a claim under the Louisiana environmental whistleblower statute, which protects employees from retaliation for reporting environmental...more

Fox Rothschild LLP

Another Oil Industry Class Action Settles – The Disturbing Trend Continues

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There have been a number of FLSA lawsuits in the energy industry of late, focusing on unpaid overtime. One of these employers who was sued, Key Energy, has just settled two class actions for $3 million. The case is entitled...more

Bennett Jones LLP

Overtime Class Actions Gaining Traction in Canada: Is the Oil Patch Next?

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On October 12, 2016, a former GoodLife personal trainer filed a class action lawsuit for $60 million in damages under Ontario's Class Proceeding Acts, 1992. The proposed class members include current and former non-managerial...more

Seyfarth Shaw LLP

National Organization for Onboarding and Training of New Employees Industry Wide in the Oil and Gas Industry Provides Example for...

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Seyfarth Synopsis: The National STEPS Network provides a working model of an industry wide employee onboarding and safety training program. We attended the World Safety Organization International Environmental and...more

Porter Hedges LLP

Employment Alert: "Responding to the Skyrocketing Rate of Wage and Hour Claims"

Porter Hedges LLP on

It is no secret that wage and hour cases are on the rise. As several news sources have recently reported, this issue is of particular concern in the oil and gas industry. According to the Federal Judicial Center, in 2015...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Is an Offshore Rig a Single Site of Employment Under WARN?

A federal judge in the Eastern District of Louisiana recently issued an important ruling for oil field employers conducting layoffs. In Voisin v. Axxis Drilling, Inc. (October 21, 2015), the court held that for the purposes...more

Seyfarth Shaw LLP

Energy Insights: An Update from the Third Quarter of 2015

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In this edition of Seyfarth Shaw’s Energy Insights Newsletter our Energy and Clean Technologies team covers important developments in Q3 2015 for the energy industry including 1) the latest initiatives from the Environmental...more

U.S. Equal Employment Opportunity Commission...

Ten Exploration and Production Companies Sued by EEOC for Sex-Based Pay Discrimination

Federal Agency Charges True Oil Entities Paid Female Accounting Clerks Less Than Male Accounting Clerk - CASPER, Wyo. - Ten associated exploration and production companies operating in 12 states violated federal law by...more

U.S. Equal Employment Opportunity Commission...

Unit Drilling to Pay $400,000 to Settle EEOC Systemic Sex Discrimination Suit

Company Refused to Hire Any Women, Federal Agency Charged - PHOENIX - Unit Drilling Company, a nationwide oil drilling company, will pay $400,000 and furnish other relief to settle a systemic sex discrimination lawsuit...more

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