HomeAuthor Thomas Fee

Six-Month Contractual Limitations Period for Discrimination Retaliation Claims Upheld by 5th Circuit Court

In a recent ruling that has garnered significant attention, the Fifth Circuit Court of Appeals upheld a six-month contractual limitations period for discrimination retaliation claims. This decision has far-reaching implications for employers and employees, reshaping the landscape of employment law in Texas and beyond. The Labor & Employment Group at Fee, Smith & Sharp LLP...

FDA Issues Final Guidance on Cosmetic Product Facility Registrations and Product Listings

On December 18, 2023, the U.S. Food and Drug Administration (FDA) announced new regulations over cosmetic facility registration and cosmetic product listing requirements, adding to the Modernization of Cosmetics Regulations Act of 2022 (MoCRA). Applicable organizations have until July 1, 2024 to determine what actions they must take to be compliant, as that is when...

New Regulatory Developments for Product Manufacturers Whose Products Contain ‘Forever Chemicals’

On December 14, 2023, the U.S. Environmental Protection Agency published its PFAS Strategic Roadmap: Second Annual Progress Report. This report contained information regarding important regulatory actions in chemical manufacturing and consumer product usage. Product manufacturers will want to take note of these important updates to protect themselves from the rapidly expanding class action lawsuits. Fee,...

Product Manufacturers Face New Liability Risks as Plaintiffs Employ Tactics to Drive Up Stakes for Business Owners by Styling Claims as RICO Violations

In recent years, product manufacturers in Texas and across the United States have faced escalating challenges in the realm of product liability litigation. A growing trend among plaintiffs is to pursue claims against businesses under the Racketeer Influenced and Corrupt Organizations Act (RICO), a federal statute originally designed to combat organized crime. This tactic represents...

What Texas Employers Should Know About the EEOC’s Proposed Enforcement Guidance on Harassment in the Workplace

The Equal Employment Opportunity Commission (EEOC) is working to finalize its first comprehensive guidance in over two decades to help employers recognize and prevent prohibited harassment in the workplace. The guidance is not legally binding but attempts to clarify the EEOC’s position as to the kinds of conduct that will be considered discriminatory. A consistently...

What High-Hazard Employers in Texas Should Know About OSHA’s New Submission Requirements for Injury and Illness Records

According to its mission statement, the Occupational Safety and Health Administration (OSHA) exists to “ensure safe and healthful working conditions for workers by setting and enforcing standards and by providing training, outreach, education, and assistance.” To that end, OSHA consistently updates regulations and employer requirements. A recent update addresses high-hazard industries and how and when...

Fifth Circuit Court Decision Could Make It Easier for Employees to Bring AI-Driven Discrimination Claims Against Texas Employers

Being under the authority of the Fifth Circuit, Texas employers have been given a bit of a pass when it comes to Title VII compliance. However, in 2023, the Fifth Circuit Court of Appeals broadened its interpretation of what constitutes an adverse employment action under Title VII of the Civil Rights Act of 1964. This...

Texas Data Privacy and Security Act Could Have Major Implications for Many Companies That Do Business in the State

Businesses use personal data to understand consumer needs and develop business strategies. Data privacy and security laws are an attempt to balance the needs of businesses to collect and maintain personal information with the rights of individuals to protect their private data from unauthorized use. While some federal legislation has been passed, the burden still...

Reduced Statute of Repose on Residential Construction Projects by Texas Legislature Could Significantly Limit Builder Warranty and Defect Claims Moving Forward

In June 2023, Texas made a change to a long-standing law regarding the rights of residence owners to make claims for design or construction defects against persons who construct, alter, or repair residential property. Residential builders are not required to provide homeowners with warranties guaranteeing their work – though many choose to do so. Instead,...

Final Rule Unveiled by FMCSA Will Tighten Rules for Trucking Companies Providing Relief During Emergencies

In a bid to enhance the efficiency and safety of emergency relief efforts, the Federal Motor Carrier Safety Administration (FMCSA) recently unveiled a Final Rule aimed at tightening regulations for trucking companies involved in providing crucial relief services during emergencies. This significant development comes as a response to the increasing need for streamlined operations in...

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