On December 8, 2021, I will be presenting on Strategies for Handling Business Crises in Healthcare to the North Texas chapter of the Texas Medical
Category: Law
Are Non-Competes Enforceable for Employees Fired for Refusing Covid-19 Vaccine?
Texas employees who refuse COVID-19 vaccine may be terminated. If they have a non-compete agreement with their employer, assuming the agreement meets the appropriate legal requirements, i.e., among other things, is reasonable, has geographic, scope, and term restrictions, and is supported by consideration, the fact that the employee was terminated or quit over the COVID-19 vaccine requirement, is not going to make the agreement invalid.
Why Did a Federal Appeals Court Stop the Employer Vaccination Mandate?
The Fifth Circuit Court of Appeals The explained that “the Mandate imposes a financial burden upon [employers] by deputizing their participation in OSHA’s regulatory scheme, exposes them to severe financial risk if they refuse or fail to comply, and threatens to decimate their workforces (and business prospects) by forcing unwilling employees to take their shots, take their tests, or hit the road.”
TOP 5 Reasons a Non-Compete May Be Unenforceable
In reviewing hundreds of non-compete agreements a year, sometimes I have to break the news to business owners that their non-compete agreements are not going
Are Surgery Centers’ Non-Compete Agreements Valid in Texas?
In recent years, it has become quite common for surgeons to become part owners of free-standing ambulatory surgery centers in Texas. Often, their purchase of the ownership comes with the strings attached – a requirement that they perform a certain number of surgeries at that particular ACS and that they do not compete with the ACS within a certain geographic radius.
The Fifth Circuit Says “Bye-Bye” to Conditional Certification in FLSA Collective Actions
In Swales, the Fifth Circuit Court of Appeals set out to clarify the “legal standard that district courts should use when deciding whether to send notice in an FLSA collective action.” Expressly rejecting the two-stage process described above, the Fifth Circuit clarified that: “Two-stage certification of § 216(b) collective actions may be common practice. But practice is not necessarily precedent. And nothing in the FLSA, nor in Supreme Court precedent interpreting it, requires or recommends (or even authorizes) any “certification” process.”