In a compromise between the City of San Antonio and a coalition of local San Antonio employers that sued to block the implementation of the new paid sick leave ordinance, the City agreed to postpone the effective date of the ordinance from August 1, 2019 until December 1, 2019. The state district judge hearing
San Antonio Paid Sick Leave Law Scheduled to Take Effect August 1, 2019
Barring legal action and an injunction, employers that have an employee performing at least 80 hours per year in San Antonio should be prepared to comply with City’s new paid sick leave ordinance beginning on August 1, 2019. Here are the highlights of the law:
- Requires employers with 15 or more employees to provide 1
Guide to New EEO-1 Pay and Hour Reporting
Employers with 100 or more employees and certain federal contractors have been required to submit EEO-1 reports, identifying the number of employees working in each job category by race, sex and ethnicity, since 1996. In 2016, under the Obama administration, the EEOC proposed revisions to the information required to be reported each year on the
When is a resignation not a resignation disqualifying an employee from unemployment benefits?
In a Texas unemployment benefit proceeding, the employee usually bears the burden of establishing an entitlement to benefits when the employee resigns. The employer bears the burden to show disqualification for benefits when the employer initiates the termination. However, when an employee offers more than two weeks’ notice of intent to resign and the employer
Texas Employees Beware: CBD Oil Remains Illegal in Texas
With the passage of the 2018 Farm Bill, Congress legalized much, but not all, hemp products containing less than .3 percent THC concentration. Cannabidiol, or CBD oil, is a hemp product that is touted as having many positive medical and health benefits. CBD oil may or may not contain THC. The media reports surrounding the legalization in the Farm Bill and intense marketing efforts of CBD oil distributors has caused some Texas employees to believe that CBD oil and other hemp products are now legal in Texas. That belief may cause employees to suffer adverse employment consequences and even potential criminal prosecution.
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San Antonio Passes Ordinance Requiring Private Employers to Provide Paid Sick Leave
In a 9-2 vote, the San Antonio City Council voted to require private employers doing business in San Antonio to provide one hour of paid sick leave to employees for every 30 hours worked. The ordinance allows employees to accrue between 48 and 64 hours of paid sick leave to be used if the employee
Austin Court of Appeals Temporarily Enjoins Austin Sick Leave Ordinance
Earlier this year, the City of Austin passed the first local ordinance requiring employers in Austin to provide paid sick leave to its employees. The law was scheduled to take effect on October 1, 2018. Late last week, the Austin Court of Appeals issued a temporary stay of the ordinance while the Texas Association
U.S. Department of Labor Revises and Clarifies Unpaid Intern Test
The U.S. Department of Labor recently abandoned its six-factor internship test in favor of the seven-factor primary beneficiary test utilized by most Courts. The primary benefit test adopts a temporal limitation for the internship that was not in the old six-factor test and incorporates two elements linking eligibility to the intern’s education programs and academic
Employers Using Biometric Systems to Track Hours Must Dot Their I’s and Cross Their T’s
Many employers have adopted various technologies for tracking employee worktime. One type commonly used is the biometric timekeeping system (e.g. fingerprint or retina scanners) that employees use to clock-in and clock-out of work. A recent putative class action filed in Illinois should act as a reminder that such biometric systems may be subject to state
Fifth Circuit Holds Employer’s No Photography Rule Violated the NLRA but Other Standard Policies Were Lawful
Last week the Court reviewed, and largely reversed, a National Labor Relations Board’s (NLRB or Board) order finding that four policies contained in a Company’s employee handbook violated the National Labor Relations Act (the Act). The case is important because the challenged policies are similar to policies contained in many employee handbooks. Moreover, an employee