Intro to Texas Labor Laws

Governor Greg Abbott recently signed Senate Bill 7 (SB 7) into law, which bans private employers of any size from enforcing COVID-19 vaccine mandates as a condition of employment. Under the law, effective February 6, 2024, covered employers are prohibited from enforcing COVID-19 mandates for employees, contractors, or job applicants for employment or contract positions; or taking adverse employment actions against the aforementioned groups for refusal to be vaccinated. Employees who believe they have suffered an adverse action have the right to file a complaint with the Texas Workforce Commission. Employers who violate the law may be subject to fines unless certain conditions are met. 

There are limited exceptions to this law for healthcare facilities and providers to establish and enforce reasonable policies such as requiring the use of personal protective equipment (PPE). 

Employers should review their policies and procedures to ensure compliance with this update.

Texas joined over 20 other states in passing their own CROWN Act, which prohibits discrimination based on hair texture or hairstyle in decisions related to fair employment and housing and in educational settings. The CROWN Act provides protection to individuals against discrimination based on hairstyles which have been commonly associated with race.  Employers should review and revise their anti-discrimination, dress code, and appearance policies to comply with this new law.

The Texas legislature has passed a law to expand employer liability for claims of workplace sexual harassment. Beginning in September 2021, employers of any size in Texas may face claims of sexual harassment in the workplace. The length of time during which an employee must file a charge has also been increased.

Though not required for Texas employers, anti-harassment training aids in promoting a healthy, inclusive workplace. Justworks teams up with EVERFI to provide all of our customers with access to harassment and discrimination training directly in Justworks.

Starting September 1, 2023, all Texas employers will be required to post a notice for employees about reporting workplace violence and suspicious activity to the Texas Department of Public Safety. The notice must be placed in clear and accessible locations in English and Spanish for both in person and remote employees. Although this requirement and other provisions of the law begin on September 1, 2023, the Texas Workforce Commission (TWC) has until March 1, 2024 to provide the required notice. Thus, legal experts contemplate that enforcement of notice requirements is unlikely until the TWC has made the notice available to employers.

Governor Abbott issued an Executive Order on October 11, 2021 prohibiting COVID-19 vaccine mandates that would compel receipt of a COVID-19 vaccine by any individual “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.” Governor Abbott has also proposed legislation on the same topic.

For certain employers, including those with 100 or more employees, this may conflict with obligations under the Federal OSHA ETS regarding COVID-19 vaccine mandates. Such employers should continue to check with federal and state agencies for additional updates and confer with legal counsel to determine how this applies to their employees.

The Dallas Paid Sick Leave Ordinance became law in 2019, but in 2020 a preliminary injunction halted the ordinance on the claim that it is preempted by the Texas Minimum Wage Act and therefore violates the Texas Constitution. As an update, last month, a federal district court ordered a permanent injunction against the ordinance for the same reason. This conclusion is similar to the determination made for both San Antonio and Austin paid sick leave ordinances that have been blocked by state court orders.