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 hour of paid sick leave accrual for every 30 hours worked up to 64 hours. Employers with less than 15…

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 EEO-1 form to include pay and hours data, known as Component 2 data. Then, in 2017, the Trump administration’s Office…

The City of Dallas passed a paid sick leave ordinance requiring private employers to provide up to 64 hours of paid sick leave to employees working in the City. Barring court intervention, the law will take effect August 1, 2019.  Here are the highlights of the ordinance: Requires employers with 15 or more employees to provide 1 hour of paid sick leave accrual for every 30 hours worked up to 64 hours. Employers with less than…

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 Antonio and Austin each passed local ordinances requiring private employers in the cities to provide paid sick leave for employees.…

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 accepts the notice of resignation immediately, the employer then shoulders the burden to show that when it accepts the resignation,…

Texas courts routinely look to and take guidance from federal law when evaluating claims under the Texas Commission on Human Rights Act. The TCHRA is the Texas state law that prohibits employment discrimination on the basis of disability (and other status) and requires employers to provide reasonable accommodation to qualified individuals with disabilities.…

Earlier this year, the U.S. Supreme Court invalidated the arbitration agreements that an interstate trucking company had with its independent contractor drivers. That case arose in the context of a class action wage and hour lawsuit brought by a group of independent contractor interstate truck drivers alleging that they were not properly paid.  The company attempted the force the claim into arbitration based on the arbitration agreements it had with its contractors.  The Court held that…