Issues related to whether individuals are independent contractors or employees receive significant attention by employers and governmental entities because of the critical impact of misclassification. The U.S. Department of...more
11/9/2022
/ Caregivers ,
Civil Rights Act ,
Control Test ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employment Litigation ,
Home Health Agencies ,
Home Health Care ,
Home Healthcare Workers ,
Independent Contractors ,
Misclassification ,
Proposed Rules ,
Title VII ,
Wage and Hour
The question of who provides workers’ compensation insurance in employer–staffing company relationships is handled in different ways. Frequently, the staffing company will provide workers’ compensation coverage for all...more
For many years, an oft-litigated question concerned whether a former employee was owed the commissions on sales made prior to the employee’s discharge from employment. Sometimes employment agreements were clear on the issue,...more
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...more
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...more
7/22/2021
/ Americans with Disabilities Act (ADA) ,
Commission on Human Rights ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
Protected Activity ,
Reasonable Accommodation ,
Retaliation ,
Summary Judgment ,
Termination ,
TX Supreme Court ,
Unpaid Leave
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
Employers recognize that the Fair Labor Standards Act (FLSA) requires that they pay nonexempt employees overtime wages for all hours worked in excess of 40 hours in a workweek. Additionally, the FLSA imposes recordkeeping...more
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,...more
3/15/2021
/ Appeals ,
Civil Rights Act ,
Commission on Human Rights ,
Employer Liability Issues ,
Employment Litigation ,
Human Rights ,
Motion to Dismiss ,
Pregnancy Discrimination ,
Retaliation ,
Sex Discrimination ,
Title VII
Employers understand they have an obligation to investigate complaints of workplace misconduct. However, communications made during internal investigations are not totally without risk....more
11/13/2020
/ Actual Malice ,
Appeals ,
Corporate Counsel ,
Defamation ,
Dismissals ,
Elder Abuse ,
Employee Misconduct ,
Internal Investigations ,
Qualified Privilege ,
Risk Management ,
Summary Judgment ,
Workplace Investigations
Addressing performance issues of employees who are on leave under the Family and Medical Leave Act (FMLA) can present challenges for employers. An employer may discover, for instance, that prior to going out on FMLA leave, an...more
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
In 2018, the city councils in both Austin and San Antonio passed ordinances to require employers to provide paid sick leave to employees. The ordinances have faced legal challenges, including a ruling in November 2018 that...more
The issue of whether workers who utilize online digital platforms to obtain business and deliver services to third parties are employees or independent contractors has already been subject to much debate and litigation. In...more
Texas law allows for the enforcement of covenants not to compete that impose reasonable restrictions on competition. Texas courts frequently enforce geographic and other restrictions on a former employee’s ability to compete...more
On November 16, 2018, the Third Court of Appeals in Austin, Texas, entered a temporary injunction blocking the implementation of the paid sick leave ordinance that the Austin City Council passed in February 2018. The court of...more
On August 16, 2018, the San Antonio City Council voted 9 to 2 to adopt a paid leave ordinance which will require all employers in San Antonio to provide paid leave to their employees. The ordinance requires employers to...more
The ecclesiastical abstention doctrine can provide religious institutions with protection from employment-related lawsuits. Based upon the religious freedom amendments contained in the U.S. and Texas constitutions, this...more
Texas courts interpreting Chapter 21 of the Texas Labor Code generally attempt to interpret it consistently with federal anti-discrimination laws and frequently look to federal court decisions for guidance. However,...more
Companies conducting business in more than one state frequently seek to select the state law that will govern the interpretation and enforcement of their contracts by including a choice of law provision in their agreements....more
The United States and Texas Constitutions each provide for the free exercise of religion and the separation of church and state. These constitutional prescriptions frequently bar the application of civil laws, including...more
While employers may enter into arbitration agreements with employees relatively easily, ensuring the enforcement of arbitration agreements can be a different matter. For this reason, employers are rightfully cautious to avoid...more