Tag Archives: Texas

Texas Court Affirms Employers’ Freedom to Require COVID-19 Vaccine for Employees

By Paul Knettel and Peter Stuhldreher on June 14, 2021 Posted in Texas

COVID-19 has presented no shortage of legal questions for employers, from shutdowns and layoffs to when and how to reopen. And with COVID-19 vaccines now broadly available in the United States, some companies (especially those in high-risk environments like hospitals and nursing homes) face a new question: whether they can require COVID-19 vaccination as a … Continue Reading

Texas Passes Bill Prohibiting Businesses From Requiring Vaccine Passports for Customers, But Not Employees

By Justin Caresia, Peter Stuhldreher and Ashlee Grant on June 10, 2021 Posted in Texas

On June 7, 2021, Texas Gov. Greg Abbott continued to emphasize that Texas is open for business by signing into law S.B. 968, which prohibits Texas businesses from requiring customers to provide documentation of COVID-19 vaccination — including through the use of “vaccine passports” — to gain access to or receive service from the business. The … Continue Reading

New Decade, Same Rules: Noncompetes in Texas 10 Years After Marsh USA Inc. v. Cook

By Peter Stuhldreher, Mark Temple and Paul Knettel on March 23, 2021 Posted in Non-Compete

Under Texas law, to establish an enforceable covenant not to compete, the first question is often whether the covenant is supported by adequate consideration. Unlike many states, in Texas, an employer cannot pay for a restrictive covenant (which includes both noncompetes and customer non-solicitation restrictions). In other words, in Texas, a raise, bonus or severance … Continue Reading

Texas Announces Plan to Ease Restrictions and Allow Expanded Operations of Most Businesses Statewide

By Ashlee Grant on September 18, 2020 Posted in Texas

Citing a continued decline in the rate of hospitalizations throughout the state, Texas Gov. Greg Abbott issued a pair of executive orders on Thursday, Sept. 17, 2020, aimed at easing restrictions on businesses and hospitals throughout the state. Most notably, most businesses throughout the state will be allowed to operate at 75 percent capacity beginning … Continue Reading

Texas Judge Halts December 1 Implementation of Department of Labor’s “Overtime Final Rule”

By Ashlee Grant on November 23, 2016 Posted in Wage and Hour

UPDATE: As anticipated, the Department of Labor has filed its Notice of Appeal with the Fifth Circuit Court of Appeals, asserting that Judge Mazzant’s Nov. 22, 2016, Order enjoining the enforcement of the Department of Labor’s Final Overtime Rule “rests on an error of law and should be reversed.” The DOL has also requested that … Continue Reading

Sixth Circuit Differentiates Trade Secrets and Confidential Information Under Texas Law

By Edward L. Friedman and Kelline R. Linton on November 23, 2015 Posted in Trade Secrets

Last week, in a diversity jurisdiction case, the Sixth Circuit analyzed Texas law to identify the relationship among three separate categories of business information: (1) trade secrets, (2) contractually protected confidential information, and (3) general skills and knowledge. The Sixth Circuit reversed the district court’s ruling, which failed to distinguish between trade secrets and confidential … Continue Reading