On June 7, 2021, Texas Governor Greg Abbott signed into law legislation that prohibits government entities from requiring individuals to provide evidence of COVID-19 vaccination status and strongly discourages private businesses in Texas from requiring what has become known as “COVID-19 vaccine passports” from customers.
Articles Discussing General Topics In Texas Labor & Employment Law.
Texas Firearm Carry Act of 2021: Can Employers Bar Employees From Carrying Guns Onto Work Premises?
Texas Governor Greg Abbott is expected to sign the Firearm Carry Act of 2021 (House Bill 1927) into law. Texas will join several other states that have enacted or plan to enact similar permitless, “constitutional carry” statutes in support of the individual right to keep and bear arms under the
Federal Court Strikes Down Dallas Paid Sick Leave Ordinance
The U.S. District Court for the Eastern District of Texas has permanently enjoined a controversial Dallas ordinance requiring employers to provide paid sick leave benefits to certain employees. The permanent injunction took effect on March 31, 2021.
How Little May an Employee Allege for Retaliation Protection?
The question of when a worker has raised concerns about discrimination sufficient to gain retaliation protection has not been answered consistently and clearly by courts. A case in Texas may provide clarification.
Texas Fifth District Court of Appeals: Texas Law Prohibits Sexual Orientation Discrimination
In Tarrant County College District v. Sims, No. 05-20-00351 (March 10, 2021), the Court of Appeals for the Fifth District of Texas held that “claim[s] of discrimination based on sexual orientation may be brought under the Texas Commission on Human Rights Act (TCHRA).” The Sims decision represents the first time
Texas Court Upholds San Antonio’s Sick and Safe Leave Ordinance Injunction
On March 10, 2021, the Texas Fourth Court of Appeals affirmed the District Court of Bexar County’s entry of a temporary injunction preventing the City of San Antonio’s sick and safe leave ordinance from taking effect. The appellate court reasoned that San Antonio’s ordinance was preempted by the Texas Minimum
Texas Discrimination Laws Protect Intention to Become Pregnant, State Court Rules
The Texas Commission on Human Rights Act (TCHRA) prohibits discrimination in employment based on sex. The state law defines “sex discrimination” to include “discrimination because of or on the basis of pregnancy, childbirth, or a related medical condition.” In South Texas College v. Arriola, a Texas appellate court considered for
Court Finds Texas Minimum Wage Law Preempts San Antonio Paid Sick Leave Ordinance
On March 10, 2021, the Texas Fourth Court of Appeals upheld a preliminary injunction preventing San Antonio’s amended Sick and Safe Leave Benefits ordinance from taking effect since December 2019. In its decision, the appellate court held that San Antonio’s ordinance violates the Texas Minimum Wage Act. As detailed
Texas Governor Ends COVID-19 Restrictions, but Employers May Want to Remember OSH Act’s General Duty Clause
On March 2, 2021, Texas Governor Greg Abbott issued Executive Order No. 34 (GA-34), rescinding most of his earlier executive orders related to COVID-19, including the statewide mask mandate and business occupancy restrictions. GA-34 becomes effective at 12:01 a.m. on March 10, 2021.
Texas Governor Fully Re-Opens Texas
On March 2, 2021, Texas Governor Gregg Abbott issued Executive Order GA-34 regarding the reopening of Texas businesses amid the COVID-19 crisis.
Golden Rules for Preparing a Business Interruption Claim
Commercial enterprises doing business in Texas and surrounding states are beginning their recovery from recent power outages and associated water damage. Many face significant property losses, often accompanied by business income losses due to a complete cessation of business activities. Many business owners had the foresight to purchase business interruption
Texas Amended Rule 106 on Substitute Service: Have You Been Served?
Attempting to align the Texas legal system with current realities, effective December 31, 2020, Rule 106 of the Texas Rules of Civil Procedure is amended to allow substitute service by “social media, email, or other technology ….” Indeed, any plaintiff faced with the previous options for substitute service (essentially, publication
Recent Texas Court Decision Highlights the Risks of Defamation in Internal Misconduct Investigations
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.
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.