Employers understand they have an obligation to investigate complaints of workplace misconduct. However, communications made during internal investigations are not totally without risk. Reports of misconduct, such as theft, assault, or abuse of others, can raise the scepter of defamation claims if the employer does not properly manage the communications.
Articles about Texas Labor And Employment Law.
Texas Employees Have a Right to Vote on Election Day (and to Be Protected From Retaliation)
Election Day—Tuesday, November 3, 2020—is quickly approaching, and employees might ask for time off to vote. Employers that simply say “no” to their employees might be violating Texas law.
Texas Governor Mandates Face Coverings Statewide
On July 2, 2020, Texas Governor Greg Abbott issued Executive Order GA-29 mandating that Texans wear face coverings beginning July 3 and continuing until further notice.
Texas Takes Immediate Action to Scale Back on Reopening
On June 26, 2020, Texas Governor Greg Abbott issued Executive Order No. GA-28, immediately scaling back the reopening of Texas due to substantial increases in the number of people testing positive for COVID-19 and the number of hospitalizations. Read more…
The Texas Reopening Two-Step: The Governor First Pauses Reopening, Then Takes a Step Back with New Restrictions
On June 26, 2020, Governor Greg Abbott issued Executive Order GA-28, restricting certain businesses and services in an effort to contain the spread of COVID-19. This order was issued because of the substantial increases in COVID-19 positive cases, and increases in the COVID-19 positivity rate and related hospitalizations. The
Texas Businesses Across the State Face Fines for Failing to Comply With Newly-Issued Face Covering Mandates
As Texas has gradually reopened, the number of COVID-19 cases and associated hospitalizations has dramatically increased. In response to local conditions, Bexar County Judge Nelson Wolff recently issued Executive Order NW-10, under which all businesses operating in the county must adopt a health and safety policy that requires both employees
New Mask Requirements in Texas
Between June 17 and June 19, 2020, four counties in Texas issued orders mandating that businesses develop and implement a “Health and Safety Policy” that requires all employees or visitors to wear face coverings in areas or while performing activities where six feet of separation between co-workers or the
Austin and San Antonio-Area Businesses Now Required to Adopt Plans Mandating Face Coverings, But Fines May Be Imposed in San Antonio
On June 17, 2020, Bexar County Judge Nelson Wolff issued Executive Order NW-10, requiring all businesses operating in the county, which includes San Antonio, to implement a health and safety policy to include the mandated use of face coverings by employees and customers when social distancing of at least six
Silence From On High: The Uncertain Future of Texas Paid Sick Leave Ordinances
On June 5, 2020, the Texas Supreme Court refused to review a case that could have decided whether municipal paid sick leave ordinances in Texas were lawful. Specifically, it denied a petition from the City of Austin to review a state appellate court decision holding that Austin’s paid sick
The Open Texas Plan: Phase 3 of the Governor’s COVID-19 Reopening Plan
On June 3, 2020, Texas Governor Greg Abbott announced the state may begin the final phase of its three-phase reopening plan. In conjunction with phase 3, the governor issued Executive Order GA-26 (GA-26), which supersedes his prior orders.
Steps to Reopen Texas
Reopening Texas: Governor Abbott Announces Phase 3
On June 3, 2020, Texas Governor Greg Abbott issued Executive Order GA-26, representing the third phase for reopening Texas, and allowing virtually all businesses to resume operations subject to continued occupancy limitations. GA-26 became effective immediately upon issuance.
Reopening Texas: Governor Abbott Expands the List of Covered Services
On May 26, 2020, Governor Greg Abbott issued a proclamation expanding the list of “Covered Services” permitted to reopen in Texas. The proclamation is consistent with Executive Order GA-23, which “continu[es] through June 3, 2020, subject to extension based on the status of COVID-19 in Texas and the recommendations of
The Open Texas Plan: Expanding Phase 2 of the Governor’s COVID-19 Reopening Plan
Last month, Texas Governor Greg Abbott issued Executive Order GA-18 (GA-18) regarding the reopening of Texas businesses during the COVID-19 crisis.
Reopening Texas: Governor Abbott Issues Phase II Executive Order
On May 18, 2020, Governor Greg Abbott issued Executive Order GA-23 as part of his three-phase plan to reopen the economy in Texas. The three-phase plan is outlined in a report entitled “Texans Helping Texans: The Governor’s Report to Open Texas.” Executive Order GA-23 is Phase II of the plan
Texas Workforce Commission Provides Form for Employers to Report Employee Reemployment Offer Refusals
On April 30, 2020, the Texas Workforce Commission (TWC) issued guidance identifying the circumstances in which an employee may remain eligible for the receipt of unemployment benefits despite the employee’s refusal of an offer to return to work. These circumstances included, for example, an individual being considered high risk due
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