The state of city-driven efforts to pass paid sick and safe leave laws in Texas remains in flux. Those monitoring the issue will know the cities of Austin, Dallas, and San Antonio have passed paid sick and safe leave laws, with business coalitions in each city mounting legal challenges. As a result of the uncertainty
Can You Be “Regarded as” Disabled Based on a Potential Future Disability?
This certainly sounds futuristic. (Pun intended.) Still, in a case just decided by the Eleventh Circuit Court of Appeals, EEOC v. STME, LLC, the EEOC espoused precisely this position.
The EEOC sued STME for disability discrimination under the Americans with Disabilities Act on behalf of Kimberly Lowe, a former STME massage therapist. Lowe was
Dallas Paid Sick Leave Ordinance Faces Legal Challenge
Today two plaintiffs represented by the Texas Public Policy Foundation filed a lawsuit challenging the Dallas paid sick and safe leave ordinance, which is scheduled to go into effect on August 1. It remains to be determined whether the implementation date will be officially delayed – either through a preliminary injunction or by agreement. The
San Antonio May Delay Paid Sick Leave Implementation to December 1; Dallas Remains on Track for August 1 and Issues Rules
They say everything is bigger in Texas and the controversy surrounding paid sick leave is no exception. With less than two weeks before the effective date of two paid sick leave laws in Texas, here is a quick scorecard on where these laws stand:
San Antonio
As is now being reported, the City of
Paid Sick Leave on Track in Dallas and San Antonio
As noted in our recent post, absent extraordinary legislative action or prompt legal challenge, by August 1, 2019, most employers with employees working at least 80 hours a year in Dallas or San Antonio should be prepared to comply with paid sick leave ordinances.
The city of San Antonio recently released an eight-month implementation
Texas Paid Sick Leave: Dallas and San Antonio Employers Should be Prepared for Paid Sick Leave Laws by August 1 Absent Prompt Legislative or Court Intervention
Although there is no Texas state-wide law that requires paid sick leave in Texas, the cities of Austin, Dallas, and San Antonio have adopted paid sick and safe leave laws. Proposed legislation that would have blocked these laws from going into effect was introduced during the most recent Texas legislative session. However, as
Dallas Joins the Fray – Will Paid Sick Leave Prevail in Texas?
Over the next several months, the fate of local paid sick leave laws may well be decided by the Texas legislature. But while lawmakers continue to debate whether Texas cities should be prohibited from establishing their own paid sick time mandates, efforts to expand their reach are marching forward. Last week, the City of Dallas
FMLA Leave for Chronic Health Conditions Requires Proof of Periodic Doctor’s Visits
When an employee takes medical leave, treatment by a healthcare provider is often assumed, and the frequency of doctor’s visits is rarely scrutinized. The Pennsylvania federal court’s recent decision in Watkins v. Blind and Vision Rehabilitation Services of Pittsburgh alerts us that this is not always a wise approach. In evaluating FMLA leave entitlements, verifying
ADA Compliance Challenges: Navigating the Over-accommodation Conundrum
Make no mistake about it: ADA compliance can be challenging. This is especially true when it comes to providing reasonable accommodation. Not uncommonly, managers wanting to do the right thing actually provide more than the law requires. Although well-intentioned, this practice often leads to conflict if more generous accommodations are later scaled back. Thankfully, a
When Is Reassignment to an Intermittent Position Required as an ADA Accommodation?
The Americans with Disabilities Act (“ADA”) generally requires employers to provide reasonable accommodation to disabled employees so that they can perform the essential duties of their jobs. This is not news. But what if no feasible accommodation can be identified in an employee’s existing position? Employers are often uncertain about whether they must offer reassignment