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
Articles Discussing General Topics In Texas Labor & Employment Law.
Reopening Texas: Governor Abbott Issues Executive Orders
Texas has joined the growing number of states that have begun to reopen businesses following weeks of closure due to the COVID-19 pandemic. Governor Greg Abbott rolled out a three-phase plan to reopen the economy in conjunction with a report entitled “Texas Helping Texans: The Governor’s Report to Open Texas.”
The Open Texas Plan: Phase 2 of the Governor’s COVID-19 Reopening Plan
On April 27, 2020, Texas Governor Greg Abbott issued Executive Order GA-18 (GA-18) regarding the reopening of Texas businesses during the COVID-19 crisis.
The Open Texas Plan: A State and Local Update
On April 27, 2020, Texas Governor Greg Abbott issued Executive Order GA-18 (Order) regarding the reopening of Texas businesses during the COVID-19 crisis. The Order permits essential services, as defined in the Order, to continue operations, and expands the types of businesses authorized to reopen on May 1, 2020, including retailers, restaurants, movie theaters, museums and libraries, contact-free outdoor sports, places of worship, and single-person offices, nearly all of which are subject to a 25% occupancy restriction. The Order also permits all licensed healthcare professionals to return to work with minor restrictions.
State-Wide Supplemental Paid Sick Leave for Food Sector Workers
In recent weeks, San Jose and Los Angeles have passed ordinances to provide supplemental paid sick leave to employees not otherwise covered by the recently enacted federal Families First Coronavirus Response Act (FFCRA). San Francisco has a similar ordinance pending. On April 16th, Governor Newsom issued Executive Order N-51-20, which
Texas Stay Home Orders: A State and Local Update
On March 31, 2020, Texas Governor Greg Abbott issued Executive Order No. GA-14 relating to statewide continuity of essential services and activities during the COVID-19 crisis. “Essential services” is defined as everything listed by the U.S. Department of Homeland Security in its Guidance on the Essential Critical Infrastructure Workforce, Version 2.0, plus certain religious services. Other essential services may be added to this list with the approval of the Texas Division of Emergency Management (TDEM), which maintains an online list of essential services.
Knowing the Way to San Jose’s Emergency Paid Sick Leave Ordinance
On April 7, 2020, the San Jose, California City Council adopted two essentially identical ordinances that require covered employers to provide emergency paid sick leave. The first item is an emergency ordinance that takes effect immediately, whereas the second item is a regular ordinance for which a second reading must occur. Based on comments made at the city council’s meeting, the city council’s logic is, should a legal challenge to the urgency ordinance occur, there would be a solid legal foundation for the regular ordinance. Both ordinances will sunset on December 31, 2020. As with other local ordinances enacted in Los Angeles and San Francisco, employers will not receive any tax credits or monetary relief for providing this additional benefit.
Dallas Paid Sick Leave Ordinance is Enjoined
In a long-awaited and much-anticipated decision, the federal court overseeing a legal challenge to the City of Dallas’s paid sick leave ordinance entered a preliminary injunction preventing the city from enforcing the ordinance during the pendency of the litigation.
Six More Texas Counties Join Dallas County by Implementing Shelter in Place Orders
Summary: After Dallas County took the lead on Monday, March 23, by implementing a “shelter-in-place” order, other Texas counties quickly followed suit to take action to help stop the spread of COVID-19. Collin, Denton, Fort Bend, Galveston, Harris, and Tarrant counties have all implemented shelter-in-place orders to take effect at midnight on March 24, 2020 (Denton County’s order will take effect at midnight on March 25, 2020), and all will remain in effect as stated, or until either rescinded, superseded, or amended. Dallas County also issued an amendment to its “Stay Home Stay Safe” order setting forth specific enforcement provisions, providing that a violation of the order may be punishable through criminal or civil enforcement (a misdemeanor punishable by a fine not to exceed $1,000 and/or confinement in jail for a term not to exceed 180 days). Please see our March 23 Alert for more information on the Dallas County Order.
Breaking Rank: Collin County, Texas Issues “All Businesses Are Essential” Order
On March 24, 2020, Collin County, Texas Judge Chris Hill issued the county’s widely anticipated “stay-at-home” order (Order) in response to the COVID-19 pandemic, making it one of 21 Texas counties or cities that have issued, or will be issuing, an order of this type to date.
Dallas County, Texas Issues “Stay Home Stay Safe” Order, Effective March 23
On March 22, 2020, Dallas County Judge Clay Jenkins issued a “shelter in place” order (“Order”), available here, for individuals residing in Dallas County, Texas, effective as of 11:59 p.m. on March 23, 2020, and continuing until 11:59 p.m. on April 3, 2020. The owner, manager, or operator of any facility or business that is likely to be impacted by the Order is strongly encouraged to post a copy of the Order onsite and to provide a copy to any member of the public requesting one.
Dallas County Issues First Shelter-in-Home Order in Texas
In an effort to battle the COVID-19 pandemic, Dallas County Judge Clay Jenkins, pursuant to Texas Government Code Section 418.108, has issued a stay-at-home Order that takes effect at 11:59 p.m. on March 23, 2020, and continues until at least 11:59 p.m. April 3, 2020.
Texas Paid Sick Leave Update: San Antonio, Dallas, Austin
The state of city-driven efforts to pass paid sick and safe leave laws in Texas remains in flux. Those monitoring the issue will know the cities of Austin, Dallas, and San Antonio have passed paid sick and safe leave laws, with business coalitions in each city mounting legal challenges. As a result of the uncertainty caused by these legal challenges, the fate of these laws in Texas generally and in the respective cities remains an issue to watch.
Texas Judge Temporarily Enjoins San Antonio Paid Sick & Safe Leave Ordinance
A Texas state court judge’s letter ruling temporarily enjoins San Antonio’s paid sick and safe leave ordinance from taking effect on December 1, 2019. While the November 22, 2019 ruling says a trial on the merits will occur “as soon as possible,” it does not set a trial date.
San Antonio Paid Sick Leave Ordinance Will Not Go Into Effect December 1
A Bexar County judge just allowed San Antonio employers to enjoy their Thanksgiving holiday a little bit more. Bexar County District Court Judge Peter Sakai advised all counsel on Friday that he is granting the requested temporary injunction in a lawsuit challenging the now-named San Antonio Safe and Sick Time ordinance. He has asked the parties to come to an agreement on the language of the order and agree to a trial date. This ruling means that employers are not yet required to comply with the ordinance, which was scheduled to go into effect December 1, 2019.