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
Articles Discussing General Topics In Texas Labor & Employment Law.
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
Texas Governor Abbott Signs New Order Aimed at Bringing Uniformity to the State’s COVID-19 Response
On July 29, 2021, Governor Greg Abbott issued Executive Order GA-38, combining several existing COVID-19 executive orders for the stated purpose of promoting statewide uniformity and certainty in the state’s COVID-19 response.
Texas Adopts Expanded Protections for Employees Asserting Sexual Harassment Claims
In a surprising move for what has historically been an extremely employer-friendly state, Texas Governor Greg Abbott recently signed two new bills (Senate Bill 45 and House Bill 21) that significantly expand the protections for employees who assert claims of sexual harassment under the Texas Labor Code. Both laws
Texas Supreme Court Rules Request for Disability Accommodation Does Not Support Retaliation Claim Under State Law
Texas courts generally look to federal courts’ interpretation of federal anti-discrimination laws to assist in interpreting the anti-discrimination provisions of the Texas Commission on Human Rights Act (TCHRA). However, the provisions of the TCHRA do not always exactly mirror the language of parallel federal anti-discrimination laws. The Texas Supreme Court
Texas Supreme Court Issues Two Key Pro-Arbitration Decisions
Arbitration agreements are intended to expedite the legal process while minimizing fees and costs. In reality, former employees and their counsel often resist submitting their employment claims to arbitration, resulting in protracted and expensive litigation before trial and appellate courts on the issue of whether there is an enforceable arbitration
Texas Legislature Expands Employee Protection for Sexual Harassment Claims
Effective September 1, 2021, any employer that employs “one or more employees” or that “acts directly in the interests of an employer in relation to an employee” will be considered an employer under Texas law and subject to a heightened level of scrutiny for sexual harassment claims under Texas law.
Texas Enacts New COVID-19 Liability Protection Law
On June 14, 2021, Texas Governor Greg Abbott signed the Pandemic Liability Protection Act into law. The law became effective upon his signing. This new law provides COVID-19 liability protections for health care providers, businesses, non-profits, religious institutions and schools that follow certain safety protocols.
Texas Joins Other States with New Texas Data Breach Notification Requirement: Is This a New Trend?
The Texas Legislature, which meets every other year, pushed a change to its data breach notification law at the end of the session in late May, and yesterday Governor Greg Abbott signed the bill into law. It follows a growing trend of changes to privacy and cybersecurity laws at the