Likely yes. The Consolidated Omnibus Budget Reconciliation Act (COBRA) requires employers (or their plan administrators) to notify qualified employees of their entitlement to the continuation of the same health coverage that they would have otherwise lost due to specific qualifying events, like a job loss. Failure to do so may…
The Family and Medical Leave Act gives eligible employees the right to up to 12 weeks of protected, unpaid leave during any 12-month period. Probably the most important part of FMLA leave is the “protected” aspect—the right, when your leave ends, to be restored to your old job or an…
The outbreak of COVID-19 has caused unprecedented changes to the lives of individuals across Texas and across the globe. The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), expands unemployment benefit assistance to workers who are eligible under state and federal law before COVID-19 as well as extending benefits…
Earned Paid Sick Leave In 2019, the City of Dallas joined our other Texas cities when it passed the Earned Paid Sick Leave Ordinance. This ordinance requires employers to provide up to 64 hours of paid sick leave. While courts have restricted the enforcement of similar ordinances around the state,…
Can my employer tell me not to discuss my salary with coworkers? The answer to this question is no. Federal labor laws prohibit employers from restraining, interfering with, or coercing employees who collectively participate in activities related to the terms and conditions of their employment. Those Terms and conditions cover…
To some people, workplace retaliation just means their boss is taking revenge against them for something that they did—after all, that is often what people mean by “retaliation” in everyday life. Regardless of how moral that kind of retaliation is, not all workplace retaliation is the same in the eyes…
Sexual harassment can happen to anyone regardless of gender, gender identity, or sexual orientation. Sexual harassment in the workplace has always been an issue. However, in the wake of the #Metoo movement sparked by the Harvey Weinstein scandal, more and more victims of workplace sexual harassment are now speaking up…
Employees can face severe psychological and financial harm when their employer unexpectedly terminates them or lays them off. The Worker Adjustment and Retraining Notification Act (WARN Act) is a legislative attempt to mitigate the widespread negative consequences of unexpected termination and dislocation. The WARN Act requires specific employers to provide…
Many Texas employers require potential applicants and current employees to submit to drug testing. Federal and Texas laws permit private employers to adopt and implement broad drug and alcohol testing policies for their employers, with minimal limitations. However, according to the Texas Workforce Commission (TWC), government employers must show a…
The Fair Labor Standards Act (FLSA) requires that businesses and employers provide nursing mothers with certain accommodations in the workplace. The Act applies to all qualified Texas employees, and if their employers do not offer these benefits, the employer may be liable. Section 7 of the FLSA (the “Act”) requires…