Texas Workforce Commission Issues Proposed Rules Excluding Certain Gig Workers From the Definition of “Employment” Under Texas Unemployment Laws

The issue of whether workers who utilize online digital platforms to obtain business and deliver services to third parties are employees or independent contractors has already been subject to much debate and litigation. In the growing gig economy, questions surrounding these issues can create uncertainty for both businesses and gig workers.

San Antonio Mandates Paid Leave for Private Sector Employees: 14 Key Facts About the New Law

On August 16, 2018, the San Antonio City Council voted 9 to 2 to adopt a paid leave ordinance which will require all employers in San Antonio to provide paid leave to their employees. The ordinance requires employers to provide paid leave to be used for specified reasons for employees’ and their family members’ health-related issues.

Chapter 21 of the Texas Labor Code Does Not Incorporate ADA’s Prohibition on Release of Confidential Health Information

Texas courts interpreting Chapter 21 of the Texas Labor Code generally attempt to interpret it consistently with federal anti-discrimination laws and frequently look to federal court decisions for guidance. However, differences do exist between Texas and federal anti-discrimination laws. One recent case explored the differences between Chapter 21 and the Americans with Disabilities Act (ADA) related to claims for release of confidential health information.

Watch Your Language: Texas Court Highlights the Importance of Language in Noncompetes

Texas law permits businesses to utilize noncompetition agreements to protect their legitimate business interests in certain circumstances. Companies, attorneys, and the courts generally focus on the consideration that must be exchanged in order for the parties to create a legal, enforceable noncompetition agreement. However, since courts analyze noncompetition agreements under standard contract interpretation principles, the language beyond the exchange of consideration can also be critical to the enforceability of a noncompetition agreement. A recent case from the Court of Appeals of Texas in Texarkana highlights this importance.