If an employee chooses to be vaccinated outside of work hours, the employer is not required to give the employee paid time for the time spent receiving the vaccine. However, employers must continue to provide the employee with reasonable time and paid sick leave to recover from side effects experienced by the employee during scheduled hours of work. Employers are not required by the ETS to pay the costs associated with testing employees who do not get vaccinated, although state laws or other agreements may require reimbursement of these costs through employment. Dallas, Texas (February 1, 2022) – In a year that seemed dominated by COVID-19 and vaccination mandates, Texas has seen several legislative and judicial developments impacting employers. Our team briefly summarizes some of the most important legal developments of 2021 in the Lone Star State. Cokinos` lawyers | Young provides employers with timely employment advice so they can adopt compliant policies and practices, limit future liability, and promote the success of all employees in the workplace. Our team will help you stay current in creating employment manuals and policies, reviewing employment decisions, and assisting management in creating a healthy workplace. While the expansion of medical marijuana does not include job protections or restrictions on drug testing, Texas employers should expect an increase in housing demands from users of low-THC cannabis for medical purposes. The OSHA ETS will take effect on or about November 5, 2021. Although the ETS is temporary and only has effect for six months, it serves as a proposal for a permanent standard.

The standing standard, if adopted, must be finalised within six months of the publication of the ETS. The compliance date for all ETS provisions, with the exception of COVID-19 testing for employees who are not fully vaccinated, is December 5. Employers must comply with COVID-19 testing requirements for employees who are not fully vaccinated by or about January 5. The employer must implement its vaccination guidelines within 30 days of the effective date, and employers have 60 days to establish a testing system. Under new laws that went into effect on September 1, 2021, Texas lawmakers have significantly expanded protections against sexual harassment for workers. The new laws expand the scope of who can be held liable for sexual harassment in the workplace, as well as the time limit for employees to file complaints of sexual harassment. Extended Termination Protection for Texas Workers Enlisted for State Military Service: Previous Texas laws prohibited employers from firing an employee called up for active duty or training in the state`s armed forces, but an aggrieved worker had limited remedies, including the ability to file a single complaint with TWC. The Act is being amended to expand the remedies available to include a private right of action (no longer limited to TWC claims only) and the ability to obtain declaratory and equitable remedies, as well as financial damages and litigation costs/attorneys` fees. Under the Carrying Firearms Act of 2021, Texans 21 or older are now legally allowed to carry a handgun without a license to carry it, unless they are prohibited from owning a firearm by federal or state law. The new law came into force on September 1, 2021. In 2022, Texas lawmakers took steps to give employers some degree of security about the cost of unemployment insurance. Under Senate Bill 8, signed into law by Governor Greg Abbott, the Texas Workforce Commission kept unemployment tax rates at the year level without raising them starting in 2021.

Without the financial support of S.B. 8, many employers expected a significant increase this year due to COVID-19 closures in 2021. Employer taxes are paid to the Texas Unemployment Compensation Trust Fund as a temporary source of income for workers who lose their jobs through no fault of their own. In 2022, Texas employers are in their first full year of complying with stricter sexual harassment laws. A number of bills passed during the 2021 legislature included a new legal definition of sexual harassment. They gave employees more time to file a claim that complies with federal law. Thirdly, the law makes it an illegal practice to use sexual harassment of an employee and the employer, its representatives or supervisors know or should have known that the conduct constituting sexual harassment has occurred; Governor Abbott also signed the Carrying of Firearms Act of 2021 (HB 1927) (FCA), which came into effect on September 1, 2021. The FCA generally allows most Texans (ages 21 and older) to carry handguns without training or a handgun license, unless otherwise prohibited by federal or state law. The new law does not prevent or restrict the right of a public or private employer to prohibit people from carrying a handgun on the company`s “premises.” But most Texas employers still can`t stop employees from keeping a gun in their locked vehicles in a parking lot. The law also includes new signage requirements through amendments to Section 30.05 of the Texas Penal Code. Under current Texas law, employers are prohibited from firing an employee called up for active duty or training in the state armed forces. Employers must also comply with certain reinstatement rights to avoid the loss of vacation, seniority or other benefits.

If an employer did not meet these requirements, an injured employee previously had limited recourse and could only file a complaint with the Texas Workforce Commission. The new law (SB 484), which was adopted on 1. September 2021, amends existing law by expanding the remedies available to include a private right of action, under which the serving member may be granted a declaratory or equitable remedy, or other reasonable facilities to include financial damages and costs of action and attorneys` fees. The Swales decision is binding only on the district courts of Texas, Mississippi and Louisiana. But for employers in those states, the statement will provide more certainty about the extent of a potential class at the outset of the case. While employers are likely to incur increased investigation costs earlier in litigation, they will now be able to narrow the scope of a class action much sooner by proving that potential class members are not in a similar situation, rather than decertifying a conditionally certified class once discovery is complete. Learn more about this decision in our January 2021 disclaimer titled “The Fifth Circuit Eliminates the Conditional Certification Process for FLS.” The bill also imposes new requirements on employers on how to respond to complaints, allowing individuals to be liable if they do not respond appropriately. Small businesses now also face possible liability under the law. The relevant legislation from the 2021 mandate is S.B. 45, S.B. 282 and H.B. 21.

Abbott signed the laws in December 2021, but they had already come into force on September 1, 2021. On October 11, 2021, Governor Greg Abbott issued an executive order severely limiting the ability of private employers to require their employees to be vaccinated. The decree requires any facility that imposes mandatory vaccination to consider objections “for any reason of personal conscience, religious belief or medical reasons, including previous recovery from COVID-19.” It was a hectic labor law session for the Texas legislature. Covid was obviously the hot topic and the main concern. The next regular session in 2023 is expected to address a number of other issues that were discussed this year but were not addressed by the Legislative Assembly. Texas lawmakers focused on workplace sexual harassment last year with the new SB45 Act under the Texas Labor Act, which went into effect on Sept. 1, 2021. That`s all? Far from it. But it`s a start! We`ll be covering other changes to employment law in the coming months, including the latest changes on independent contractors, overtime, and remote employees.

As always, thanks to Amy Beckstead for providing us with these updates in an engaging and informative manner. Be the first to know about our upcoming employment law update, including lunch and HR continuing education credits, by connecting with us on LinkedIn and signing up for our emails using the link at the bottom of this page. We will continue to keep you informed of legislative developments. If you have any questions about these legislative updates or other employment or workplace issues, Reed Smith`s experienced Labour and Employment Law Group is ready to talk to you. Prevention of human trafficking: Texas needs the help of hotels, motels, and similar businesses with more than 10 rooms to prevent human trafficking. These companies must now put up certain signs to help victims of human trafficking. They are also prohibited from taking adverse employment action against an employee who has reported a suspicion of human trafficking in good faith and must provide a trafficking awareness and awareness program within 90 days of hiring and annually thereafter. This rule change allows high-risk employees or employees infected with COVID-19 and employees without child care due to COVID-19 to maintain their unemployment benefits, even if a return to work is offered and denied.

Despite H.B. 1535, marijuana is still illegal federally, even for medical purposes, and courts across the country are divided on whether an employee`s permission, violating federal controlled substances law is an appropriate precaution under the ADA. The EEOC has not provided guidance on whether employers are required to consider an employee`s use of a legal illicit drug in the state in which the employee is located.