Compliance Stuff

As we pass the halfway point of 2025, there has already been a flurry of legislative changes and court decisions that have changed the landscape of Texas employment laws. With several of these laws already in effect, and others becoming effective on September 1, 2025 , now is the time for Texas employers to become informed of these changes and take appropriate action to comply with these new developments. Key changes include:  1. “Ban the Box” Legislation (HB 2466) With respect to the hiring process, effective September 1, 2025, Texas will join 37 states which prohibit employers from inquiring about an applicant’s criminal history on its job application. The Equal Employment Opportunity Commission (EEOC) has long taken the view that “banning the box” will prevent job applicants with prior convictions from being automatically excluded from job opportunities. 2.  Expansion of Protections for Gig Workers and Independent Contractors New guidance from the Texas Workforce Commissi...

Following the lead of other California cities and counties, the County of San Diego recently passed a local fair chance ordinance restricting the use of criminal history in employment decisions. Effective October 10, 2024, employers that have five or more employees and are located or doing business in the unincorporated areas of San Diego County must comply with the county’s Fair Chance Ordinance No. 10914 (N.S.). The county’s ordinance further expands on California’s Fair Chance Act (commonly referred to as “Ban the Box”) by reinforcing the state’s limits on the use of criminal history in employment decisions and imposing obligations on employers. While the ordinance provides requirements similar to those under the state law, there are some differences. Importantly, the County of San Diego Office of Labor Standards and Enforcement (OLSE ) cannot issue fines until July 1, 2025. Quick Hits Effective October 10, 2024, private employers must comply with the county’s Fair Chance Ordinanc...

The City of Philadelphia maintains several employment-specific ordinances that enhance preexisting state and federal employee protections or create new employment rights. Some of these apply even if the employer has only one employee in Philadelphia. Quick Hits Employers doing business in Philadelphia will want to be aware of several key employment-specific ordinances—including laws governing fair criminal record screening standards (“ban the box”), sick leave benefits, predictive scheduling, pre-employment drug testing, and transit benefits —that provide rights and protections for employees and compliance responsibilities for employers in the city. Philadelphia’s “Promoting Healthy Families and Workplaces” ordinance, for example, requires that employers allow eligible employees to accrue sick leave for qualifying purposes. The Philadelphia Code generally prohibits employers from conducting pre-employment drug testing for marijuana for applicants who will work in Philadelphia. Promotin...