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Austin, Texas Mandates Paid Sick Leave

The city of Austin, Texas has become the first Southern city to require virtually all private employers to offer paid sick leave to employees working within Austin’s city limits. This new ordinance goes into effect October 1, 2018, for employers with more than five employees. It goes into effect for employers five or fewer employees (not including family members) on October 1, 2020.

Paid Sick Leave Trend Comes South to Austin, Texas

Austin, Texas, has enacted a new ordinance that will soon require employers to provide paid sick leave to employees.

Does Anything Good Happen After Midnight? Austin, Texas Adopts Paid Sick Leave

At approximately 1:00 a.m. CST on February 16, 2018, the Austin, Texas City Council approved an ordinance establishing a paid sick leave requirement that will apply to all private employers located within the City. If, as expected, the mayor signs the ordinance, Austin will join the growing list of cities and states obligating employers to grant paid sick time to workers.

Austin’s Earned Sick Time Ordinance: 8 Things You Need to Know

In the early hours of February 16, 2018, the Austin City Council passed a new ordinance on earned sick time that affects employers in Austin, Texas. The ordinance will not take effect until October 1, 2018, and is likely to be challenged in court almost immediately.

New Texas Laws Taking Effect September 1, 2017

Though employment issues were not the focus of the 85th Regular and Special Legislative Sessions of the Texas Legislature, Texas employers should be aware of a handful of new Texas laws which take effect September 1, 2017.

Don’t Mess with Texas: a Quick Draw on Lone Star State Employment Law

As any Texan will tell you, “Everything is bigger in Texas!” And with an economy that would rank 10th largest in the world if Texas were a country, you are likely to interact at some point with businesses in the Lone Star State. You may even find yourself hiring or managing employees there. If so, below are some interesting and very Texan takes on employment law that may be helpful when you do.

Texas Passes Ban on Texting While Driving

On June 6, 2017, Texas became the 47th state to enact a state-wide ban on texting while driving. The new law (HR 62) prohibits drivers from reading, writing or sending electronic messages unless the vehicle is stopped. It does not, however, prohibit dialing a number to call someone, setting a GPS device, listening to music programs or even surfing on the Internet.

Texas Amends its Uniform Trade Secrets Act

Last month, Texas’s legislature amended the Texas Uniform Trade Secrets Act (TUTSA). These amendments expand and clarify TUTSA’s definitions, add a clarification to enjoining trade secrets misappropriation, and codify a balancing test to determine whether to exclude people from a courtroom when trade secrets are discussed. The amended TUTSA:

Texas Two-Step: Gig Businesses In The Lone Star State Get Two Pieces Of Good News

Gig economy companies in Texas were on the receiving end of two pieces of good news in the last several weeks. Most recently, the state legislature passed and the governor signed into law a bill that will all but assure ride-sharing companies that their workers will be classified as independent contractors and not subject to costly misclassification cases. As my Dallas partner Art Lambert wrote in a legal alert from earlier this week, H.B. 100 ensures that any driver working for a transportation network company (TNC), defined as any entity using a digital network to connect a rider to a driver to provide prearranged rides, is properly classified as an independent contractor as long as long as four simple requirements are met:

Enjoy The Ride! Texas Ride-Sharing Businesses Can Now Escape Misclassification Battles

Texas Governor Greg Abbott just signed into law a measure that will regulate ride-sharing companies (H.B. 100) by establishing a consistent statewide framework to govern such businesses. The good news for ride-sharing businesses: by following some very simple steps, you can avoid costly misclassification lawsuits by ensuring your workers are classified as independent contractors. The law was effective as of the date of signing – May 29 – and overruled all local ordinances in Texas that had previously regulated ride-sharing businesses.

Fisher Phillips | California | California Supreme Court Embraces Employee-Friendly Formula For Calculating OT Pay (March 05, 2018)

Fisher Phillips | California | FEHC Proposes Regulations to Implement California’s New “Ban the Box” and “New Parent Leave” Laws (March 04, 2018)

Fisher Phillips | California | Your Comprehensive Guide to 2018 Proposed California Legislation (February 28, 2018)

FordHarrison LLP | California | California Supreme Court's Recent Overtime Ruling Likely to Cause Payroll Problems (March 07, 2018)

Jackson Lewis P.C. | California | California Court of Appeals Holds Labor Code § 558 Claims Are Indivisible Claims and Not Arbitrable (February 28, 2018)

Jackson Lewis P.C. | California | Calculating Overtime Value of Flat-Sum Bonus Must Be Based on Actual Non-Overtime Hours Worked, California High Court Holds (March 11, 2018)

Fisher Phillips | California | The Plot Thickens: Trump Administration Sues California Over New Immigration Laws, Including AB 450 (March 09, 2018)

Jackson Lewis P.C. | California | Pending California Legislation Alert! Recently Introduced Bill Seeks to Protect Medicinal Marijuana Users from Employment Discrimination in California (February 27, 2018)

Jackson Lewis P.C. | California | California Transportation Industry Waives Goodbye to Enforcement of Federal Arbitration Act Provisions in Employment Contracts (March 07, 2018)

Carothers DiSante & Freudenberger LLP | California | California Proposes New Regulations on Parent Leave and Criminal History Inquiries (March 14, 2018)