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...more
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...more
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...more
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...more
3/5/2021
/ Coronavirus/COVID-19 ,
Employer Responsibilities ,
Executive Orders ,
General Duty Clause ,
Governor Abbott ,
Health and Safety ,
Infectious Diseases ,
Masks ,
OSH Act ,
Public Gatherings ,
Public Health ,
Social Distancing
As the COVID-19 vaccine becomes more readily available, employers are considering mandatory vaccination for their employees and in particular, how to respond to employee requests for accommodation, whether on the basis of...more
1/28/2021
/ Appeals ,
Civil Rights Act ,
Commission on Human Rights ,
Dismissals ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Insubordination Policy ,
Religious Accommodation ,
Termination ,
Vaccinations
On October 6, 2020, the U.S. Centers for Disease Control and Prevention (CDC) once again revised its list of individuals whose risk factors make them more likely to develop severe illness from COVID-19.
First, the CDC...more
On June 25, 2020, the U.S. Centers for Disease Control and Prevention (CDC) expanded its list of risk factors of individuals more likely to develop severe illness or die from COVID-19. Previously, the CDC had identified those...more
On June 26, 2020, Texas Governor Greg Abbott issued Executive Order No. GA-28, immediately scaling back the reopening of Texas due to substantial increases in the number of people testing positive for COVID-19 and the number...more
As Texas has gradually reopened, the number of COVID-19 cases and associated hospitalizations has dramatically increased. In response to local conditions, Bexar County Judge Nelson Wolff recently issued Executive Order NW-10,...more
On June 17, 2020, Bexar County Judge Nelson Wolff issued Executive Order NW-10, requiring all businesses operating in the county, which includes San Antonio, to implement a health and safety policy to include the mandated use...more
On June 3, 2020, Texas Governor Greg Abbott issued Executive Order GA-26, representing the third phase for reopening Texas, and allowing virtually all businesses to resume operations subject to continued occupancy...more
On May 26, 2020, Governor Greg Abbott issued a proclamation expanding the list of “Covered Services” permitted to reopen in Texas. The proclamation is consistent with Executive Order GA-23, which “continu[es] through June 3,...more
On May 18, 2020, Governor Greg Abbott issued Executive Order GA-23 as part of his three-phase plan to reopen the economy in Texas. The three-phase plan is outlined in a report entitled “Texans Helping Texans: The Governor’s...more
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...more
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...more
As Texas begins to reopen, some employers are recalling employees placed on temporary leaves of absence or furloughs due to the COVID-19 pandemic. Invariably, a number of employees will ignore recall attempts or refuse offers...more
The Dallas paid sick leave ordinance was enjoined less than two days before the City of Dallas was set to begin full enforcement. U.S. District Judge Sean Jordan enjoined the ordinance on March 30, 2020....more
The City of San Antonio’s Sick and Safe Leave ordinance has been enjoined. The ordinance was originally scheduled to go into effect on August 1, 2019, but on July 24, 2019, a Texas state court delayed implementation until...more
In response to a lawsuit filed by a number of San Antonio business groups, the San Antonio City Council approved certain revisions to the city’s paid sick leave (PSL) ordinance, including renaming it the Sick and Safe Leave...more
10/17/2019
/ Amended Legislation ,
Claims Limitations Period ,
Constitutional Challenges ,
Effective Date ,
Employee Benefits ,
Fringe Benefits ,
Local Ordinance ,
Paid Sick Leave Act ,
Preliminary Injunctions ,
Safe Leave ,
Sick Leave ,
State Constitutions ,
State Labor Laws ,
Wage and Hour
On August 6, 2019, in State of Texas v. Equal Employment Opportunity Commission, the U.S. Court of Appeals for the Fifth Circuit ruled that the Equal Employment Opportunity Commission (EEOC) overstepped its limited rulemaking...more
8/9/2019
/ Administrative Procedure Act ,
Adverse Impact ,
Appeals ,
Business Necessity ,
Civil Rights Act ,
Criminal Background Checks ,
Criminal Records ,
Employer Liability Issues ,
Enforcement Guidance ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Lack of Authority ,
National Origin Discrimination ,
Notice and Comment ,
Race Discrimination ,
Title VII
On July 30, 2019, a lawsuit was filed in the U.S. District Court for the Eastern District of Texas seeking to enjoin the City of Dallas’s paid sick leave ordinance, which is set to take effect on August 1, 2019. The lawsuit,...more
8/1/2019
/ First Amendment ,
Fourteenth Amendment ,
Freedom of Association ,
Local Ordinance ,
Paid Leave ,
Paid Sick Leave Act ,
Preliminary Injunctions ,
Sick Leave ,
Sick Pay ,
Unions ,
Wage and Hour
On July 24, 2019, a Bexar County district court judge entered an order delaying the implementation of the San Antonio paid sick leave (PSL) ordinance from its current August 1, 2019 date to December 1, 2019. The order...more
The Texas Legislature’s 86th session adjourned on May 27, 2019, and there is little likelihood that the governor will call a special session. The legislature primarily focused on educational reforms this year. Regarding...more
7/15/2019
/ Administrative Remedies ,
Adverse Employment Action ,
Agricultural Sector ,
Cannabidiol (CBD) oil ,
Compassionate Use Act ,
Hemp ,
Jury Duty ,
Lactation Accommodation ,
Legislative Agendas ,
Medical Marijuana ,
New Legislation ,
Payroll Cards ,
Religious Discrimination ,
State and Local Government ,
State Labor Laws ,
Veterans
Despite broad-based support, the Texas Legislature failed to pass a law preempting the type of paid sick leave ordinances enacted in Austin, San Antonio, and most recently Dallas before the end of its regular session on May...more
6/7/2019
/ Employer Liability Issues ,
Employment Policies ,
Grace Period ,
Legislative Agendas ,
Local Ordinance ,
Notice Requirements ,
Paid Leave ,
Paid Sick Leave Act ,
Paid Time Off (PTO) ,
Preemption ,
State Constitutions ,
State Labor Laws ,
Unconstitutional Condition ,
Wage and Hour
On April 24, 2019, the Dallas City Council passed an ordinance requiring employers to provide paid sick leave beginning as early as August 1, 2019. Dallas is the third Texas city (after Austin and San Antonio) to pass such an...more