Kelly Hart Hallman LLP

Texas Employees Can Reject Suitable Work and Maintain Unemployment Benefits

By Russell Cawyer

April 30, 2020

A day after reporting that Texas employees rejecting a return to suitable work for fear of contracting COVID-19 could lose unemployment benefits, Govenor Abbott announced that the TWC has promulgated rules allowing employees to continue receipt of benefits even if rejecting a return to suitable work. According to the Governor’s press release: Each unemployment insurance claim is currently evaluated on an individual basis. However, because of the COVID-19 emergency, the following are reasons benefits would be…

Texas Employment Law Update

Texas Employees Who Refuse to Return to Work May Lose Unemployment Benefits

By Russell Cawyer

April 29, 2020

When Congress was drafting the enhanced unemployment benefits available under the FFCRA some lawmakers opposed the additional $600 per week benefit because it could incentivize workers to remain on unemployment rather than returning to work. As Texas prepares to return to work, those lawmakers concerns are coming to fruition. There are anecdotal reports that some employers making plans to bring employees back to work are encountering some employees who do not want to return…

Texas Employment Law Update

Employer Considerations for Returning Employees After COVID-19 Shutdowns

By Hannah Parks

April 27, 2020

The President and governors of individual states are discussing plans to reopen businesses in the coming weeks. Some of the measures employers will be required to take will be dictated by governmental agencies and for particular industries. A few of the most commonly discussed steps include: temperature checks, use of PPE, heightened hygiene maintenance, return to work certificates and testing. Employers May Take Employee Temperatures Usually (such as during the regular cold and flu season),…

Texas Employment Law Update

DOL Issues Temporary Regulations on Emergency Paid Sick Leave and Emergency FMLA Expansion Acts

By Russell Cawyer

April 2, 2020

On April 1, 2020, the DOL issued its regulations on the paid leave provision of the Families First Coronavirus Response Act (i.e., the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Act). While there is a lot to digest in the rule, the most significant aspect is the definition of and commentary surrounding quarantine or isolation orders. The Rule defines “quarantine or isolation orders” to include a broad range of governmental…

Texas Employment Law Update

IRS Issues Guidance on Documents Employers to Maintain to Substantiate Claim to Tax Credits for FFCRA Paid Leave

By Russell Cawyer

April 1, 2020

As the paid leave provisions of the FFCRA take effect today, many employers are asking what information they should maintain so they can claim the tax credits that are available to pay for this leave. Luckily, the IRS has come to the rescue describing the information that should be maintained. The Service’s guidance explains that: FAQ 44: An Eligible Employer will substantiate eligibility for the sick leave or family leave credits if the employer receives a…

Texas Employment Law Update

Federal Judge Enjoins Dallas Paid Sick Leave Ordinance

By Russell Cawyer

March 31, 2020

Yesterday, a U.S. District Judge enjoined enforcement of the Dallas Paid Sick Leave Ordinance. The law, effective August 1, 2019, was scheduled to start being enforced by the City of Dallas on April 1, 2020. Dallas’s law, similar to laws passed by the City of Austin and San Antonio, will now wait until the Texas Supreme Court rules on the appeal it is considering the legality of Austin’s ordinance. Meanwhile, the Emergency Paid Sick Leave …

Texas Employment Law Update

CARES Act Establishes Low Interest/Forgivable Loans For Small Businesses to Weather the COVID-19 Crisis

By Russell Cawyer

March 29, 2020

On March 27, 2020, Congress passed and the President signed, the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The Act appropriated $2 Trillion to preserve and stimulate the U.S. economy during the Coronavirus crisis. In addition to important economic relief provided to individual tax payers and government backed loans and grants to especially hard hit industries, the Act establishes a $349 Billion program to issue payroll protection loans intended to encourage small businesses to…

Texas Employment Law Update

DOL Publishes Additional Guidance on Emergency Paid Sick Leave and Expanded FMLA Leave

By Russell Cawyer

March 27, 2020

On March 26, 2020, the U.S. Department of Labor published a Field Assistance Bulletin and additional answers to what it anticipates are Frequently Asked Questions about the FFCRA’ s posting obligations. The Field Assistance Bulletin No. 2020-1 announced that the Department would take a nonenforcement position during the first 30 days when the Act is in effect so long as the employer 1) remedies any violations by making the affected employees whole as soon as…

Texas Employment Law Update

Record 3.283 Million New Unemployment Claims; Texas Waives Waiting Period and Job Search Requirements for Unemployment

By Russell Cawyer

March 26, 2020

This morning the government reported a record number of new unemployment benefit claims: 3.283 Million new claims. Meanwhile, based on directive from Governor Abbott last week, the Texas Workforce Commission Unemployment Division is waiving the seven day waiting period for receipt of unemployment benefits and temporarily suspending the work search requirements for unemployment eligibility.…

Texas Employment Law Update

DOL Publishes Model FFCRA Notices

By Russell Cawyer

March 26, 2020

The Families First Coronavirus Response Act that provides emergency paid leave and expanded FMLA rights to employees of small and mid-sized employers requires covered employer to post notice of rights and responsibilities under the Act in the workplace. The U.S. DOL has posted model posters employers can use and post in conspicuous places where employees can review them. Here are the links the model postings. Employee Rights: Paid Sick Leave and Expanded Family and Medical …

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Texas Employees Can Reject Suitable Work and Maintain Unemployment Benefits

Texas Employees Who Refuse to Return to Work May Lose Unemployment Benefits

Employer Considerations for Returning Employees After COVID-19 Shutdowns

DOL Issues Temporary Regulations on Emergency Paid Sick Leave and Emergency FMLA Expansion Acts

IRS Issues Guidance on Documents Employers to Maintain to Substantiate Claim to Tax Credits for FFCRA Paid Leave

Federal Judge Enjoins Dallas Paid Sick Leave Ordinance

CARES Act Establishes Low Interest/Forgivable Loans For Small Businesses to Weather the COVID-19 Crisis

DOL Publishes Additional Guidance on Emergency Paid Sick Leave and Expanded FMLA Leave

Record 3.283 Million New Unemployment Claims; Texas Waives Waiting Period and Job Search Requirements for Unemployment

DOL Publishes Model FFCRA Notices

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