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
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
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
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
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