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
Texas Legislature Limits Employers’ Right to Prohibit Concealed Carry License Holder Employees from Carrying Firearms in their Cars on Employer Property
The Texas Legislature passed SB 321 and sent it to the Governor for approval. The bill restricts public and private employers from prohibiting employees who are concealed handgun license holders, or otherwise lawfully possessing firearms or ammunition, from transporting or storing firearms or ammunition in the employee’s privately-owned, locked car on the employer’s premises. This bill does not apply to an employer
Texas Legislature Passes Limited “Loser Pay” Provisions for Frivilous Lawsuits
Texas is known for its business/employer-friendly legal climate. In a bill passed by the Texas Legislature, the climate just got friendlier. HB 274, sent to the Governor for signature, requires the Supreme Court of Texas to adopt rules providing for the early dismissal of causes of action that have no basis in law or fact and provide for
Newly Enrolled Bills Effecting Texas Employers
Its getting near the end of the time to sponsor bills for consideration during this Texas legislative session. Here are the most recently enrolled bills potentially effecting Texas employers.
HB 2609 (Guillen) (relating to employment at or by certain facilities serving the elderly or persons with disabilities)
HB 2695 (Davis) (relating to acquiring Human Health
Texas to Consider Loser Pays System of Civil Justice
According to the New York Times, Texas will consider whether to adopt a "loser pays" rules for civil cases. The rule, similar to the English Rule, would that require the losing party in a civil case to pay the attorney’s fees and costs of the prevailing party. It is unclear whether this rule, if passed
Newly Enrolled Employment Law Bills in the Texas Legislature
The following employment-related bills were enrolled for consideration in the Texas Legislature over the past two weeks.
HB 1178 (Flynn) (Relating to employment protection for members of the state military forces).
HB 1219 (Miles) (Relating to the right of an employee to time off from work if the employee and/or the employee’s child is the victim
Employment Bills Enrolled the Week of January 11, 2011
The blog has been updated with bills enrolled in the Texas Legislature the week of January 11, 2011 likely to effect Texas employers. This week’s bills include bills targeted at prohibiting workplace smoking; prohibitions against sexual orientation discrimination; payment of wages through payroll card accounts and a bill to require employers to use the federal