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
Articles Discussing General Topics In Texas Labor & Employment Law.
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
Texas’s New Law on Vaccines and Passports: What Private and Public Employers Need to Know
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.
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