Congress improperly passed the Consolidated Appropriations Act of 2023, including the Pregnant Workers Fairness Act (PWFA), a federal court in Texas has ruled. State of Texas v. Department of Justice et al., No. 5:23-cv-00034 (N.D. Tex. Feb. 27, 2024). The court permanently enjoined the Equal Employment Opportunity Commission (EEOC) and Department of Justice from enforcing the PWFA against the State of Texas and its agencies.
Articles about Texas Labor And Employment Law.
The New Texas Law on Vaccination Mandates: What Changes Do Employers Need to Make Now?
Effective February 6, 2024, a new Texas law prohibits private employers from adopting or enforcing a mandate requiring an employee, contractor, or applicant to be vaccinated against COVID-19 as a condition of employment.
New Texas Law Prohibiting Institutions of Higher Education From Establishing or Maintaining DEI Offices Is Now Effective
Effective January 1, 2024, a new Texas law prohibits public institutions of higher education from, among other things, establishing or maintaining diversity, equity, and inclusion (DEI) offices or hiring or assigning officers, employees, or contractors to perform the duties of a DEI office. Institutions are also required to adopt new
Texas Workforce Commission Issues Required Workplace Violence Reporting Notice
The Texas Workforce Commission recently published a notice that employers are required to post in conspicuous locations in their workplaces informing employees about reporting workplace violence or suspicious activity.
Texas District Court Declares State Preemption Law Unconstitutional. What Now?
The legal battle continues between large cities and the State of Texas over state attempts to nullify local enactments on employment and other matters that exceed or conflict with state law.
The Texas Regulatory Consistency Act (or HB 2127), known by critics as the Death Star Bill, was scheduled
Texas Governor Signs Preemption Bill, CROWN Act, and Other Legislation into Law
The Texas legislature meets only for approximately six months every other year. This session, many bills signed into law impact employers. This article summarizes some of these new laws and how they impact employment operations in the State of Texas.
State Preemption of Conflicting Local Laws (AKA the “Death
Texas’s HB 2127 ‘Death Star’ Law Doesn’t Strike Back Against Employers’ Workplace Safety and Health Responsibilities
On June 14, 2023, Texas Governor Greg Abbott signed into law House Bill No. 2127, the Texas Regulatory Consistency Act—a measure that his opponents have dubbed the “Death Star” law. The law will go into effect on September 1, 2023.
Lone Star State Enacts Consumer Privacy Law
On June 18, 2023, Texas’ Governor signed House Bill (HB) 4 which enacts the Texas Data Privacy and Security Act. Texas joins California, Colorado, Connecticut, Indiana, Iowa, Montana, Tennessee, Utah, and Virginia in enacting a comprehensive consumer privacy law. Most of the sections of the law are scheduled to take
Texas Enacts HB 915, Requiring New Employer Notice for Reporting Instances of Workplace Violence or Suspicious Activity
On June 14, 2023, House Bill (HB) No. 915—a bill the Texas Legislature passed on May 30, 2023—became law. HB 915 adds Chapter 104A, “Reporting Workplace Violence,” to the Texas Labor Code and requires all employers, regardless of size, to post a notice to employees regarding the reporting of instances
Texas Tightens State’s Data Breach Notification Law
On May 27, 2023, Texas’ Governor signed Senate Bill 768 amending Texas’ data breach notification law. The law in question, Section 521.053 of the Texas Business and Commerce Code, sets out the specific requirements any person conducting business in the state who owns or licenses sensitive personal information in a
Texas to Require Employers to Post Notice to Employees Regarding the Reporting of Workplace Violence or Suspicious Activity
On May 30, 2023, the Texas Legislature sent legislation to Governor Greg Abbott that will require employers in Texas to post notice to employees about reporting instances of workplace violence or suspicious activity. The legislation is expected to receive final approval in the coming days.
Texas Passes the CROWN Act, Joining 20 Other States in Banning Racial Discrimination Based on Hair Texture or Hairstyle
On May 27, 2023, Governor Greg Abbott signed into law the CROWN Act (House Bill No. 567), making Texas the twenty-first state to ban racial discrimination based on hair texture or hairstyle in schools, employment, and housing.
Is Obesity a Disability Under Texas Law?
In most parts of the country, courts have not considered obesity as a disability unless it is caused by an underlying health condition. In Texas, however, courts have reached a different conclusion, holding that obesity in itself may be a disability in some cases.
Under SB 240, Texas Healthcare Facilities Will Be Required to Adopt Workplace Violence Prevention Plans by September 1, 2024
The state of Texas that has developed a workplace violence prevention standard for healthcare settings. When signed into law, Senate Bill (SB) 240, aimed at reducing acts of workplace violence directed against healthcare providers, will require each health facility to adopt a written workplace violence prevention policy and plan by
Examining Joint-Employer Liability for Texas Workers’ Compensation Retaliation Claims
The question of who provides workers’ compensation insurance in employer–staffing company relationships is handled in different ways. Frequently, the staffing company will provide workers’ compensation coverage for all individuals provided to the client company. Issues sometimes arise related to the client company’s and staffing company’s liability under a joint-employer theory