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San Antonio, Texas Paid Sick Leave Law Put on Hold Pending Legal Challenge

Implementation of the City of San Antonio’s paid sick leave ordinance has been delayed pending a legal challenge, less than two weeks before the ordinance’s scheduled effective date of August 1, 2019. On July 15, 2019, the Texas Attorney General and about a dozen business groups filed suit against the City, alleging that the paid … Continue Reading

Dallas, Texas Enacts Paid Sick Leave Law, But Its Future Remains in Question

The Dallas, Texas City Council has enacted a sick leave ordinance that would require employers to provide eligible employees with paid leave for certain medical and safety-related needs. It remains to be seen, however, whether the ordinance will ultimately take effect. As we have previously reported, in late 2018, a Texas appellate court ruled that … Continue Reading

Texas Appellate Court Rules Austin City Paid Sick and Safe Leave Ordinance Unconstitutional

Leave of absence formAs we previously reported, in February 2018, the city of Austin, Texas passed a paid sick and safe leave ordinance (the “Ordinance”) that would have required companies to provide paid sick and safe leave to their employees. The Ordinance obligated companies with 15 or more employees to provide eight days of paid leave, and companies … Continue Reading

Austin, Texas Enacts Paid Sick and Safe Leave Law

Leave of absence formThe Austin, Texas City Council has enacted a paid sick and safe leave ordinance, becoming the first southern city to pass such a law for private sector employees.  The ordinance will take effect on October 1, 2018 for employers with five or more employees; coverage for smaller employers begins on October 1, 2020. Employees who work … Continue Reading

Fifth Circuit Joins Sister Circuits in Holding That Employees May Recover Emotional Distress Damages in FLSA Retaliation Suits

On December 19, 2016, the Fifth Circuit joined the Sixth and Seventh Circuits in holding that “employees” under the FLSA may recover emotional distress damages in FLSA retaliation actions, finding that the district court erred by refusing to instruct the jury on the availability of emotional distress damages for an employee’s retaliation claim. In so … Continue Reading

New Arizona Independent Contractor Law Now In Effect

Arizona’s “Declaration of Independent Business Status” law went into effect earlier this month. The new law, which appears to be the first of its kind, aims to provide independent contractors and the businesses that engage them greater certainty with respect to their employment status. Under the new law, independent contractors may sign a Declaration of Independent … Continue Reading

Austin, TX Becomes Latest City to Ban the Box for Private Employers

Job ApplicationAustin, Texas recently became the latest city to “ban the box” for private employers.  Under the new law, Austin employers with 15 or more employees may not require an applicant to disclose his or her criminal history prior to extending a conditional offer of employment.  The law defines “conditional employment offer” as an offer “that … Continue Reading

Utah Law Requiring Employers to Provide Reasonable Accommodations Related to Pregnancy and Breastfeeding to Take Effect May 10, 2016

Utah recently passed a new law, which will be effective May 10, 2016, designed to provide additional workplace protections to employees who are pregnant, breastfeeding and/or dealing with other related conditions. Under the new law, which amends the Utah state anti-discrimination statute, employers with 15 or more employees cannot refuse to provide a requested accommodation … Continue Reading

Employee Gripe Apps: Should Companies Be Concerned?

The Wall Street Journal recently published an article by Lindsay Gellman on a new app by Collectively that allows users to post anonymous reviews of and complaints about their employers.  The app is cheekily called “getthememo.”  According to the article, Collectively’s mission is to create a space for workers “to speak freely about what’s happening … Continue Reading

No End In Sight For Wave of Paid Family and Sick Leave Laws

Employers have been scrambling to keep up with the multitude of paid sick leave laws that were passed in the last several years.  These laws vary by jurisdiction and often can’t be easily reconciled into a uniform policy — an issue for multi-state employers.  As reported in today’s New York Times, President Obama is asking … Continue Reading

EEOC Wellness Program Suits Highlight Need for Agency Guidance

The EEOC has been pursuing litigation against wellness programs of late, arguing that certain health plan penalties render participation in wellness program health screens “involuntary” and thus violate Americans with Disabilities Act (ADA), which prohibits medical exams unless they are  voluntary or  are job-related and consistent with business necessity.  (See recent blog post about this.)  Senate Republicans rightly criticized the EEOC general counsel … Continue Reading

Gender Pay Gap – What Are Companies Doing?

It is no secret to our readers that the EEOC and the OFCCP have prioritized compensation discrimination issues as an enforcement priority.  The general public, and hence employees, are also keenly aware of pay discrimination issues.  From Sheryl Sandberg’s and Nell Scovell’s “Lean In” book and “Lean In Circles” to the John Oliver skit on the … Continue Reading
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