Texas Battles over Paid Leave

The Lone Star State is fighting on a couple of fronts to prevent local communities from mandating paid sick leave benefits on private employers. Last week, a state appellate court blocked an Austin ordinance that, effective October 1, would require private businesses provide paid sick leave to employees. A lower court had previously rejected the…

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Paid Leave Up and Down in Texas

Paid leave mandates are becoming more and more contentious in the state of Texas these last few weeks as the city clerk in the city of San Antonio certified a paid family leave initiative for the November ballot. In response, Texas Attorney General Ken Paxton, who is already involved in litigation challenging an Austin paid…

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But, There’s Still Texas

Over the past few years, it seems as though the last bastion of protection of rights for Americans has come from one court or another in the state of Texas and perhaps that will ring true again on the aforementioned issue of plastic bag bans. . Notwithstanding the polystyrene foam bans, plastic bag bans and…

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Business Rankings

Periodically, different organizations will release the results of their (usually annual) rankings of business-friendliness and those reports are generally of some interest for a number of reasons – not the least of which is to see how states rise and fall depending on who’s conducting the survey. Well, we’ve got a couple of more to…

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Miscellaneous

Population shifts continue to see the older northeast states losing population to the south and the sun belt according to the latest estimates from the US Census Bureau.  New York dropped again from its 2015 estimate as Texas and Florida showed significant population growth – Florida grew by more than twice the national average, while…

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At long last, Man Bites Dog!

Writing these stories each week about government overreach and the many more restrictions being placed on businesses across the country, it is refreshing when we can report on something going the other way.  Texas Attorney General Ken Paxton filing suit against Brownsville, Texas is just such a story.  The republican AG filed in state District…

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Texas Court Trashes Plastic Bag Ban

A Texas Appeals Court has tossed out a local ordinance in Laredo that banned the use of single-use plastic bags.  The ordinance, one of many similar local fiats throughout Texas and across the country, was overturned ostensibly because of a Texas statute that prohibits local governments from restricting the sale or use of certain containers…

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Court Enjoins “Persuader Rule”

In a major defeat for the Department of Labor (DOL) and its organized labor allies, a U.S. District Court in Texas has issued a nationwide injunction on the DOL’s so-called “persuader rule”.  The injunction prevents DOL from implementing any and all aspects of the rule pending a ruling by the U.S. Court of Appeals for…

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States Look to Restrict Joint-Employer

One approach to clarifying the issue and clearing up any confusion it may have caused is legislation at the individual state level that unmistakably defines who is and is not a joint employer.  As we’ve advised in past issues, 3 states (Tennessee, Louisiana & Texas) had passed into law clarifying legislation that effectively exempts franchising…

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