Texas Workplace Compliance
News & Resources
Everything’s bigger in Texas—including workforce safety and compliance risks. Between the region’s hot climate, large number of businesses, and concentration of hazardous industries, employers in the Lone Star State face myriad operational issues and compliance concerns.
Don’t put your business at risk of penalties, lawsuits, increased insurance expenses, and the other expenses that follow in the wake of avoidable safety incidents. Keep your people safe, remain on the right side of the law, and stay ahead of the competition with KPA’s EHS and workforce compliance resources.
Stay on top of safety and compliance the right way with this Texas-specific information but be sure to seek legal counsel when you’re looking for how these changes will directly impact your business. Wherever available, KPA products are updated with the latest government notices and posters for employers.
Texas COVID News
Who: Louisiana, Mississippi, and Texas employers and employees
When: Effective immediately.
What: On June 15, 2022, the Fifth Circuit issued a ruling declaring that COVID-19 does not fall under the natural disaster notice exception under the federal Workers’ Adjustment and Retraining Notification (WARN) Act. In the case, employees of a Texas oil company were terminated without any advance notice. The employees filed suit, and the trial court determined that the COVID-19 pandemic was a form of “natural disaster.”
The employees appealed, and the Fifth Circuit Court ruled that the definition of “natural disaster” only applies to the examples given in the text of the WARN statute (i.e., hydrological, geological, and meteorological events). The Fifth Circuit specifically reasoned that Congress was familiar with past pandemics when the WARN Act was passed and could have included words such as “disease” or “pandemic” in the examples listed if it wanted to do so.
How:
Review your current policies and procedures and update them to comply with the new ruling.
Educate and inform your employees about state mandates and safety protocols.
Additional Resources:
Who: Texas employers and employees
When: Effective immediately
What: On December 8th, 2021, the Texas Workforce Commission sent a letter to all employers regarding the enforcement of Executive Order GA-40, which prohibits COVID-19 vaccine mandates for employers. Per the order, employers are required to notify employees of vaccination exemptions, including reasons of personal conscience, medical, and religious objections.
The letter from the Texas Workforce Commission claims objection to vaccine mandates directed by the federal on certain types of workers including federal contractors, healthcare workers, and employees of companies that employ over 100 people. All three federal vaccine mandates mentioned are currently being challenged in court.
The Workforce Commission letter also stresses that in Texas, should an employee be terminated for refusing vaccination without first being offered an exemption form by their employer, the employee will most likely still qualify for unemployment benefits.
How:
- Review your current policies and procedures and update them to comply with the new mandate.
- Educate and inform your employees about state mandates and safety protocols.
- Stay informed on state challenges of federal vaccination mandates.
Additional Resources:
Texas Workforce Commission Letter
Texas HR News
Who: Covered healthcare facility employers in Texas
When: Effective September 1, 2024
By September 1, 2024, covered healthcare facility employers in Texas must implement a workplace violence prevention plan. Employers must create a workplace violence prevention committee that includes a registered nurse, a physician who provides direct patient care (if one is employed at the facility), and an employee who provides security services. The committee helps create the workplace violence prevention plan, a written anti-violence policy, and training materials for their facility.
Chapter 331 of the Texas Health and Safety Code details what the workplace violence prevention plan and policy must include and the steps employers must follow. Among other requirements, the plan must explain how to report incidents of workplace violence, require training at least annually, and describe the system the facility will use to respond to and investigate violent incidents.
The law describes the obligations of healthcare facilities to report incidents of workplace violence. They must also provide post-incident services, including acute medical treatment as needed.
Employers may not retaliate against employees who exercise their rights under the law. Texas licensing agencies can take disciplinary action against employers that do not comply with the workplace violence prevention requirements.
How:
- Familiarize yourself with the provisions of the new law.
- Review your current workplace violence prevention plan, policy, training, and procedures to ensure compliance with the law.
- Establishing clear reporting procedures and a system for retaining documentation of incidents, reports of incidents, training, and annual review of the plan.
- Train employees how to recognize and respond to warning signs.
- Notify employees of the workplace violation prevention plan, policy, and training when you implement or revise them.
Additional Resources:
Who: State of Texas
When: Effective immediately
Judge Sean Jordan of the U.S. District Court of the Eastern District of Texas ruled on June 28, 2024, that the State of Texas does not have to implement the new minimum salary thresholds that apply to exempt employees under the Fair Labor Standards Act (FLSA). The new limits went into effect on July 1, 2024.
The judge said that “white-collar” exemptions rely on the employee’s duties, not the salary, and that the new rule effectively makes salary a more important factor than duties for millions of employees. Thus, the changes exceeded the U.S. Department of Labor’s authority in the judge’s opinion.
The preliminary injunction applies only to government employees working for the State of Texas. It applies to the July 1, 2024, salary threshold change; the January 1, 2025, salary threshold change; and the automatic triennial salary threshold change, pending further order of the court.
The salary threshold is increasing from $35,568 to $43,888, effective July 1, 2024, and Texas employers other than the State of Texas must comply with the new rules. Effective January 1, 2025, the threshold will increase to $58,656. Certain positions, such as doctors, lawyers, teachers, and outside salespeople, are not subject to the minimum salary basis test.
How:
- Continue to monitor legal challenges to the law.
Additional Resources:
Who: Texas for-profit entities and Texas residents
When: July 1, 2024
What:
On June 18, 2023, Governor Greg Abbot signed into law the Texas Data Privacy and Security Act (TDPSA), which goes into effect on July 1, 2024. The Act regulates the collection, use, processing, and treatment of Texas consumers’ personal data. It affects for-profit entities located in Texas or serving Texas residents.
Covered businesses are those that conduct business in Texas or produce a product or service consumed by Texas residents; process or engage in the sale of personal data; and are not considered small businesses. However, small businesses are subject to the provisions prohibiting the sale of sensitive personal data without permission. Several other exceptions exist, such as state agencies and businesses covered by HIPAA rules. Some data types are excluded, such as health records, employment data, and B2B transactions.
Data controllers are businesses that determine the purpose and means of processing personal data and must obtain consumer consent to process sensitive data. Data processors are businesses that carry out operations on personal data and follow the instructions of controllers. The law requires contracts between controllers and processors that contain specific provisions.
Consumers have several rights under the law:
- To know which personal data is being collected;
- To access a copy of their own personal data in a portable format;
- To correct inaccurate personal data;
- To delete personal data;
- To opt out of their personal data being processed;
- To opt in for the processing of sensitive personal data;
- To opt out of their personal data from being sold; used for targeted advertising and profiling; or used for automated decision-making that would produce a legal or other similar effect for them; and
- To appeal denied requests.
A business must respond to consumer requests without undue delay, but in no case later than 45 days after the receipt of the request.
Controllers must publish a clear, accessible privacy notice that explains:
- The types of personal data they process, including sensitive data;
- The purpose of the data processing;
- How consumers can exercise their rights under the law; and
- How they share the data.
The law imposes several other rules on controllers:
- Limit the collection of personal data to only what is necessary for the disclosed purposes for which the data is processed;
- Establish, implement, and maintain reasonable data security practices to protect the data;
- Do not discriminate or impose negative consequences on a consumer because they exercised any of their rights under the law; and
- Obtain consent for processing sensitive data.
Sensitive data includes data that reveals racial or ethnic origin; religious beliefs; mental or physical health condition or diagnosis; sex life or sexual orientation; citizenship or immigration status; genetic or biometric data processed for the purpose of identifying an individual; personal data obtained from a consumer known to be a child; and precise geolocation data within a radius of 1,750 feet.
The State Attorney General can assess statutory fines of up to $7,000 per violation. There is no private right of action.
How:
- Conduct and document a data protection assessment of each personal data processing activity.
- Ensure your controller–processor contracts comply with the law.
- Draft compliant privacy notices required by the Act.
Additional Resources:
Who: Texas employers with 15 or more employees
When: Effective Immediately
The Pregnant Workers Fairness Act (PWFA) was enacted in June 2023. It requires employers with 15 or more employees to provide reasonable accommodations for pregnancy, childbirth, or pregnancy-related medical conditions for applicants and employees. The State of Texas filed a lawsuit against the federal government to enjoin the PWFA from being enforced for State of Texas employees. On February 27, 2024, Judge James Hendrix ruled that the PWFA is invalid because it violates the U.S. Constitution.
The judge stated the law is invalid because the U.S. House of Representatives didn’t have a quorum when it passed the Consolidated Appropriations Act that contains the PWFA. He asserted that not enough members voted in person (versus voting by proxy). The House passed a rule during the COVID pandemic that allowed persons who voted by proxy to be included in the quorum count, but Judge Hendrix said that rule was unlawful. The federal government will likely appeal this decision.
The Pregnant Workers Fairness Act (PWFA) injunction applies only to the Texas state government and does not apply to private employers.
How: Continue to monitor for challenges and updates to the law.
Additional Resources:
What You Should Know About the Pregnant Workers Fairness Act
Who: Texas employers
When: Effective immediately
On May 31, 2023, the Texas legislature passed HB 915, which became effective on September 1, 2023. The law adds Chapter 104A to the Texas Labor Code which, starting January 8, 2024, requires Texas employers to post a notice that informs employees how to report suspicious activity and workplace violence to the Department of Public Safety. Employees have the right to report anonymously.
The Texas Workforce Commission released the Reporting Workplace Violence Notice on their website. Employers must post the notice in both English and Spanish in a conspicuous place in the workplace and in sufficient locations to be convenient to all employees and post the notice electronically for remote workers.
How:
- Post the Reporting Workplace Violence Notice as required.
Additional Resources:
Who: Texas employers
When: Effective September 1, 2023
Texas Governor Greg Abbott signed H.B. 567 into law on May 27, 2023, effective September 1, 2023. The law amends Texas Labor Code Chapter 21 to include Section 21.1095, dubbed the CROWN Act (Creating a Respectful and Open World for Natural Hair Act). The law prohibits discrimination on the basis of hairstyle in employment, housing, and schools. Protected hairstyles—commonly associated with race—include braids, locks, twists, afros, cornrows, bantu knots, and high-top fades.
How:
- Review your dress, grooming, anti-discrimination, and anti-harassment policies, as well as your employee handbook and diversity training programs, and update them to comply with the law.
- Train managers, supervisors, and employees on the law.
Additional Resources:
Who: Texas employers
When: Effective September 1, 2023
The Texas Legislature passed HB 915 on May 31, 2023, effective September 1, 2023. It requires all Texas employers to post a workplace violence notice that contains information about how to report suspicious activity or workplace violence and notifies employees of their right to make anonymous reports.
The Texas Workforce Commission has until March 1, 2024, to publish the notice. The agency will not enforce the notice until an official notice is released. Once they release the notice, employers must post the notice at the worksites and electronically for remote employees—in English and Spanish.
How:
- Monitor the Texas Workforce Commission website for release of the new notice.
Additional Resources:
Who: Austin, Texas employers with 15 or more employees
When: Effective immediately
What: On June 9, 2022, the Austin City Council passed the CROWN Act, becoming the first city in Texas to pass such a law. Effective immediately, the law bans discrimination in employment, housing, public accommodations, and employment settings based on hair texture or hairstyle commonly associated with race, national origin, ethnicity, or culture. Protected hairstyles include, but are not limited to, afros, Bantu knots, braids, cornrows, curls, locs, twists, or hair that is tightly coiled or tightly curled.
The legislation is based on the CROWN Act initiated in 2019 by Dove and the CROWN Coalition. CROWN stands for “Creating a Respectful and Open World for Natural Hair.” The law prohibits racial discrimination based on hairstyle in employment, education, public accommodations, and housing.
How:
- Update your employee handbook and personal appearance policies to comply with the law.
- Train HR personnel, managers, and supervisors on your dress and grooming policies.
Additional Resources:
