On March 18, 2020, President Trump signed the Families First Corona Virus Response Act. The Families First Act requires small and midsized employers to provide paid sick leave benefits and expanded FMLA leave to employees needing time away from work due to COVID-19 reasons. While the Act provide others benefits, the FMLA Expansion Act and
Employers in Dallas and San Antonio Prepare for Paid Sick Leave
The Texas Legislature ended its session last week without passing a bill that preempts municipalities from passing laws requiring private employers to provide paid sick leave to employees. Consequently, employers in Dallas and San Antonio must prepare for the implementation of the local paid sick leave laws that take effect August 1, 2019.
Dallas, San
Congress Federalizes Trade Secret Cause of Action
Congress passed, and the President indicates he will sign, the Defend Trade Secrets Act of 2016 (“DTSA”) creating a federal cause of action for the misappropriation of trade secrets. Until now, misappropriation of trade secret claims have been litigated under state or common law theories of recover and usually in state courts unless the parties
Texas Legislature Passes Stolen Valor Act
During the 84th Legislative Session, the Texas Legislature passed an employment provision that allows employers to end the employment of employees that have misrepresented their military record. While most Texas employees are at-will, this law will likely have little impact, however, it does provide the voiding of written contracts with employees where the employee has
Texas Legislature Adds Sexual Harassment Protection for Unpaid Interns
Another legislative session ended with few changes affecting Texas employers on the labor and employment law front. One bill that did become law is one that prohibits the sexual harassment of unpaid interns. The law creates an offense if the employer’s agents or supervisors know or should have knowledge of conduct constituting sexual harassment was
Texas Governor Signs Open Carry Law –Employers Have Time to Prepare
Beginning in 2016, licensed individuals can openly carry handguns on their person. Prior to the implantation of the law, Texas law required that license holders carry their handguns in a concealed manner. HB 910 authorizes individuals with a license to carry a handgun to openly carry their handguns in all locations that allow the licensed
DOL Proposes Rule to Extend FMLA Benefits to Same-Sex Spouses in Texas
Last week the U.S. Department of Labor published a proposed rule to extend FMLA benefits to same-sex spouses on the same terms as spouses of other legally recognized marriages. This will confirm, if passed, that FMLA benefits must be provided to all eligible employees to: care for their legally married spouses who have a serious health
Texas Legislature Opens 83rd Regular Session
Last week the Texas Legislature opened its 83rd regular session. The Texas Legislature meets every other year and only for 140 days. Here are the labor and employment related bills that have been introduced that may eventually effect Texas employers. I will supplement this post with newly filed bills during the session.
HB 372 (Deshotel) (Relating
Governor Perry Closes Loophole on Theft of Service Law
Governor Perry signed SB 1024 eliminating a loophole that previously existed for a criminal theft of service charge. Under prior law, a party obtaining services from another under a promise to pay could avoid a criminal charge of theft of service so long as the party was making minimal payments. According to the bill’s analysis:
Theft of wages occurs when
Sigh of Relief: Legislature Does Little Damage to Employer’s Rights
The Texas Legislature completed its regular session and is now in special session to address school financing legislation. The good news for Texas employers is that the Legislature did little damage to employer’s rights during the regular session. Bills to bring Obama-styled legislation to the Texas Labor Code such as the Lilly Ledbetter Fair Pay