Texas Employers: The Texas Attorney General issued an opinion on January 19, 2026 (Martin Luther King Day) regarding the legality of DEI initiatives in the private sector.
While not legally binding, courts and other agencies in Texas (and potentially elsewhere) may view it as persuasive authority when considering the impact of a private employer’s DEI…
Many states have passed legislation that prohibits employers from requiring their employees to enter into agreements that contain confidentiality provisions that would prevent those employees from disclosing sexual harassment, sexual assault or other similar improper conduct occurring in the workplace.
Texas employers: Effective September 1, 2025, Texas joined those states by passing Senate Bill 835…
Texas recently enacted a law, HB 229, which provides in part that every person “is one of two sexes, male or female.”
This law, which unless enjoined by a court is scheduled to take effect September 1, 2025, is expected to have employment-related ramifications.
For example, the law is expected to restrict the ability of…
Texas employers take note: As states across the country continue to pass #metoo legislation aimed at preventing provisions in employment agreements that prohibit disclosure of sexual harassment allegations, Texas has now joined this group.
The Texas legislature has passed SB 835, a law which will invalidate provisions of employment agreements, settlement agreements or any other…
On May 15, 2025, Judge Kacsmaryk of the U.S. District Court for the Northern District of Texas held that the Equal Employment Opportunity Commission’s guidance requiring bathroom, dress, and pronoun accommodations exceeded its authority and impermissibly expanded the scope of “sex” under Title VII of the Civil Rights Act of 1964 (“Title VII”) beyond the…
On Friday, a Texas Federal Court blocked the DOL from raising the minimum salary threshold required for executive, administrative and professional (“EAP”) employees to be exempt from minimum wage and overtime pay. This means that as of now, these changes will not go into effect on January 1, 2025. The decision, in Plano Chamber of…
Employers have been closely following legal challenges to the Federal Trade Commission’s (FTC) proposed ban on non-competes
On July 3rd, a federal court in Texas ruled in favor of a company and other interested parties by granting a motion for a preliminary injunction to stop the FTC ban from going into effect.
According to the…
A federal judge has enjoined the Department of Labor’s final rule that increases the minimum salary threshold for the FLSA’s executive, administrative, and professional exemptions from minimum wage and overtime requirements.
Notably, the injunction only applies to Texas government employees- private employers (including private employers in Texas) are still subject to the final rule.
Under…
A United States District Court (Texas) late last week struck down certain HIPAA guidance issued by the Department of Health and Human Services (HHS), opening the door to greater use of online tracking technologies such as cookies and pixels.
The court ruled that HHS overreached in issuing guidance in the form of a bulletin in…
A Texas jury recently awarded a military veteran almost $2.5 million in connection with a workplace discrimination claim brought under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA).
Employers, make sure to be aware of just how uniquely broad the USERRA anti-discrimination, reemployment and accommodation protections are for employees who have served in…
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