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.
Articles about Texas Labor And Employment Law.
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
Texas Supreme Court Compels Arbitration after Nine Years: Why Employers Should be Cautious in Placement of Mandatory Arbitration Policies
Executive Summary: In a recent case, the Texas Supreme Court upheld the validity of an arbitration clause in a case that had been in litigation for over nine years without the claim ever being heard. See In re Whataburger Restaurants LLC. The lengthy timeline of this case, summarized below, demonstrates the risk of placing binding arbitration agreements within nonbinding documents, which may lead to lengthy court challenges regarding the enforceability of an arbitration clause before any resolution of the underlying dispute.
Texas Supreme Court Clarifies Standard for Payment of Commissions When an Employment Agreement Is Silent
For many years, an oft-litigated question concerned whether a former employee was owed the commissions on sales made prior to the employee’s discharge from employment. Sometimes employment agreements were clear on the issue, such as by providing unambiguously that commissions would be paid when the employer received payment for a
CMS Vaccine Mandate Update: Last, but Not Least, Texas Joins the Rest of the Country
On January 13, 2022, the Supreme Court of the United States issued an opinion staying preliminary injunctions issued in cases filed in Missouri and Louisiana challenging the Centers for Medicare and Medicaid Services’ (CMS) COVID-19 vaccination mandate for healthcare providers. The ruling stayed preliminary injunctions applicable to twenty-four states. Twenty-five
Texas Bill Restricting Transgender Student-Athlete Sports Participation About to Become Law
Texas House Bill 25, “The Save Women’s Sports Bill,” would bar public school students from participating in interscholastic athletic opportunities designated for the opposite “biological sex.”
The proposed legislation was passed by the Texas State Senate by a 19-12 margin, and an amended version of the measure received support and
Texas Governor Abbott Bars Employers and Individuals from Compelling COVID-19 Vaccines
On October 11, 2021, Texas Governor Greg Abbott issued Executive Order GA-40, which states that no entity in Texas can “compel” any individual, including any employee or consumer, to receive a COVID-19 vaccination who objects “for any reason of personal conscience, based on a religious belief, or for medical
Texas Governor Issues Executive Order Significantly Limiting the Ability of Many Employers to Mandate Vaccines
On October 11, 2021, Governor Greg Abbott issued Executive Order (EO) No. GA-40, prohibiting any entity in Texas from requiring any individual, including an employee, to receive a COVID-19 vaccination if that individual objects to the vaccination “for any reason of personal conscience, based on a religious belief, or for
Texas Legislative Update: What Employers Should Know About the 87th Session
Over its regular and two special sessions, the Texas legislature has passed several bills that are or soon will be in effect and will impact employers’ workplace policies and procedures. Additional special legislative sessions yet may be held and, with them, more changes may be on the horizon.
Texas Appellate Court Clarifies Proof Required for Establishing Misconduct in Receipt of Unemployment Benefits Cases
Navigating the unemployment benefit administrative process under the Texas Unemployment Compensation Act can be difficult for employers. The act limits the type of conduct that may disqualify a claimant from receiving benefits, but it does provide for disqualification “if the individual was discharged for misconduct connected with the individual’s last
Texas Expands Coverage and Penalties for Sexual Harassment in the Workplace: Individual Liability Now Available
Over 600 new laws went into effect on September 1, 2021 in Texas. Importantly, three (Senate Bill No. 45, Senate Bill No. 282, the House Bill No. 21) drastically modified the well-established, employer-friendly framework governing sexual harassment claims brought in the Lone Star state. In particular, these changes include: (1) greater protection to individuals working for small employers not otherwise covered by anti-discrimination laws; (2) individual liability for sexual harassment; (3) expanded periods in which employees are allowed to file complaints with applicable federal and state enforcement agencies; and (4) a prohibition on using tax-payer funds to resolve sexual harassment claims against elected officials.
Texas Expands Sexual Harassment Protections for Employees, Exposure for Employers and Individuals
Beginning September 1, 2021, Texas employers of any size may be sued for sexual harassment in the workplace under legislative changes (SB 45) passed by the Texas legislature. SB 45 also expands liability to include individuals and business entities.
Texas: Mask On, Mask Off, Mask On…
In an apparent rebuttal to Governor Abbott’s July 29, 2021, Executive Order (GA-38), which was aimed at creating uniformity in the response to COVID-19 throughout the State of Texas and which prohibited local authorities from imposing their own mask, vaccine, or other COVID-related restrictions on businesses and schools (while
Dallas County Issues Emergency Order and FAQs on Indoor Masking as COVID-19 Legal Battle Evolves
On August 11, 2021, Dallas County Judge Clay Jenkins signed an emergency executive order, taking effect at 11:59 p.m. that same day, requiring “all child care centers and Pre-K through 12 Public Schools operating in Dallas County,” as well as “all commercial entities in Dallas County providing goods or services
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