Workforce Bulletin

On November 10, 2023, Texas Governor Greg Abbott signed into law Senate Bill 7, which prohibits private employers in Texas from imposing vaccine mandates that require employees and/or contractors to obtain a COVID-19 vaccine. The law, which takes effect on February 7, 2024, is similar, though not identical to Florida laws passed in 2021, and amended in 2023, also limiting employers from requiring vaccination against COVID-19, as a condition of employment.

Texas’ Ban on Employer-Mandated Vaccines

Texas’ new law will prohibit employers from adopting or enforcing a ...

On October 11, 2023, the Fifth Circuit issued the first decision applying its broadened standard for Title VII claims in Narayanann v. Midwestern State University. The unanimous three judge panel ruled that a Malaysian professor could pursue his race-based case against a Texas university when his request to teach summer courses was rejected. 

Under the Fifth Circuit’s new standard, a plaintiff’s Title VII claim can survive a motion to dismiss by pleading adverse actions with respect to the “terms, conditions, or privileges of employment” without showing that their ...

As a result of a recent Fifth Circuit decision, some employers in Texas will now face a tougher hurdle when defending against Title VII disparate treatment discrimination claims in federal court. The United States Court of Appeals for the Fifth Circuit recently held that in order to establish an actionable claim for disparate treatment discrimination under Title VII, plaintiffs need not plead an “ultimate employment decision” related to hiring, granting leave, terminations, promotions, or pay. In a significant departure from decades-old precedent, the Fifth Circuit held ...

The State of Texas infrequently regulates the workplace. This summer, however, Texas enacted two notable workplace laws about which employers should be aware.

Texas Regulatory Consistency Act

On June 13, 2023, Governor Greg Abbott signed House Bill 2127, the Texas Regulatory Consistency Act (the “Act” or “H.B. 2127”), which amends various Texas statutory codes, including the Labor Code, and preempts local lawmaking in various statutorily governed areas to assert Texas’s “sovereign regulatory powers.” Referred to by its opponents as the “Death Star Bill,” the Act is slated to take effect on September 1, 2023, and effectively prevents cities and counties from passing local ordinances beyond the scope of existing state laws in numerous fields of regulation, including labor and employment, agriculture, and finance.

On Monday, October 11, 2021, Texas Governor Greg Abbott issued Executive Order GA-40 (the “Order”) prohibiting vaccine mandates by any entity. The Order, which was effective upon issuance, states: “No entity in Texas can compel receipt of a COVID-19 vaccine by any individual, including an employee or a consumer, who objects to such vaccination for any reason of personal conscience, based on a religious belief, or for medical reasons, including prior recovery from COVID-19.” It provides for a maximum fine of up to $1,000 per violation for any failure to comply with the order ...

For the last two weeks, Texas is continuing to break records for daily coronavirus cases and hospitalizations.  According to the Texas Department of State Health Services, on June 23, 2020 Texas had the highest daily number of COVID-19 cases (5,489) since the pandemic began, and for twelve consecutive days had record-high hospitalizations.  Also on Wednesday, June 23^rd, Houston Mayor Sylvester Turner said 97% of the intensive care unit beds in Houston are filled. Governor Abbott acknowledged this week that there is a massive outbreak of COVID-19 across the state of Texas, and ...

As we previously reported, on Monday, April 27, 2020, Texas Governor Greg Abbott announced Phase One of his much anticipated plan to reopen Texas while minimizing the spread of COVID-19.   In response to this plan to reopen, at limited capacity, retail establishments, restaurants, movies, shopping malls, libraries and museums, starting on May 1, 2020, many Texas workers are weighing the option of returning to work and earning a paycheck against the potential risks of exposure to COVID-19 and forfeiting unemployment benefits.

On Thursday, April 30, 2020 Governor Abbot addressed this issue by announcing that the Texas Workforce Commission (“TWC”) has issued Guidance to unemployment benefits claimants concerning their continued eligibility should they choose not to return to work.  While reinforcing that each claim is assessed on a case-by-case basis, the TWC Guidance outlines specific circumstances under which workers will still be granted unemployment benefits, even if suitable work is available.

Per the Guidance, a worker who refuses to return to work due to the following COVD-19 related reasons may retain unemployment benefit eligibility:

• High Risk—If a worker is at “high risk.” defined by the TWC as individuals 65 years and older, as they are at higher risk for becoming very sick from COVID-19;
• Household Member at High Risk—If a worker’s household member is at high risk. This includes household members 65 years or older;
• Diagnosed with COVID-19—If a worker has been diagnosed with COVID-19, having tested positive for the virus by a source that is authorized by the State of Texas, and they have yet to recover;
• Household Member Diagnosed with COVID-19—If a worker has a household family member with COVID-19, having tested positive for the virus by a source that is authorized by the State of Texas, the family member yet to recover, and 14 days have not yet passed;
• Quarantined—If a worker is currently in 14-day quarantine due to close contact exposure to COVID-19; or
• Childcare Needs—If a worker’s child’s school or daycare is closed, and there are no available childcare alternatives.

On Monday, April 27, 2020, Governor Gregory Abbott announced Phase One of his much anticipated plan to reopen Texas, while minimizing the spread of COVID-19.  Governor Abbott accompanied his announcement by issuing Texas Helping Texans: The Governor’s Report to Open Texas (“Report”), and Executive Order No. GA-18 (“EO GA-18” or “Order”), pursuant to which all retail stores, restaurants[1], movie theaters, malls, museums and libraries are allowed to reopen on Friday, May 1, 2020, with a 25% occupancy limitation.  Within shopping malls and museums, all interactive ...

As we previously reported, Texas cities have responded to the COVID-19 pandemic by issuing “Stay at Home” Orders, essentially halting all non-essential business operations that cannot be conducted remotely.  As a result, many workers have been furloughed, laid off, or terminated, and are in the process of seeking monetary relief through unemployment insurance (“UI”) benefits.  As of today, the Texas Workforce Commission (“TWC”) has helped more than 1.2 million Texans apply for unemployment benefits since March 14, 2020, and paid out more than $400 million in ...

On March 13, 2020, Governor Greg Abbott declared a State of Disaster in Texas due to COVID-19. Subsequently, on March 19. 2020, Governor Abbott issued a Public Health Disaster Declaration, and an Executive Order, which, among other things, prohibited congregating in groups consisting of more than ten people, and closed all Texas restaurant dining rooms [1] bars, gyms and schools, effective March 20, 2020.  Governor Abbott has refrained from issuing a statewide shelter-in-place order, and has instead left the decision up to city and county leaders.  In the days that followed, and ...

We are pleased to present Workforce Bulletin, the newest blog from law firm Epstein Becker Green (EBG). We've combined a decade of posts from five of the firm's well-regarded blogs, spanning employment law topics impacting employers in a range of industries and areas, including financial services, hospitality, OSHA, retail, technology, and more.

Workforce Bulletin will feature thought leadership from EBG attorneys on cutting-edge issues, such as sexual harassment, diversity and inclusion, pay equity, artificial intelligence in the workplace, cybersecurity, and the impact ...