BOP NEWSLETTER • February 2024

Employers in Texas Must Post a Notice Regarding Reporting Workplace Violence or Suspicious Activity?

House Bill No. 915 adds Chapter 104A, “Reporting Workplace Violence,” to the Texas Labor Code, requiring all employers, regardless of size, to “post a notice to employees of the contact information for reporting instances of workplace violence or suspicious activity to the [Texas] Department of Public Safety.” HB 915 requires employers to post the notice (1) “in a conspicuous place in the employer’s place of business”; (2) “in sufficient locations to be convenient to all employees”; and (3) “in English and Spanish, as appropriate.”

To access the poster issued by the Texas Workforce Commission, click here.

New York State Passed A Number of Employee-Friendly Laws in 2023?

Wage Theft Penalties Against Employers Enhanced (S2832-A/A154-A): The purpose of this law is to allow prosecutors to seek stronger penalties against employers who steal wages from workers. Specifically, the law amended Section 155.00 of the Penal Law to add “compensation for labor or services” to the definition of “property” and adds a subsection 10 for “workforce” which means “a group of one or more persons who work in exchange for wages.”

Prohibits Employer Mandatory Meetings on Political and Religious Matters (S4982/A6604): Amends New York Law § 201-d, prohibiting employers from disciplining employees who opt not to participate in meetings on political and religious matters.

Under the law, employers now have an affirmative duty to post notices of the protections under New York Law § 201-d where notices are normally posted. Covered employers should also note the requirement to post the notice electronically too. New York has not issued a specific poster for this requirement; therefore, posting the full text of the law is the safest course of action. Click here for the PDF document.

Human Rights Law Protections for Interns A7355/S7382): Amends Executive Law § 296-c to state specifically that interns are protected from discrimination based on gender identity and gender expression.

Written Notice of Unemployment Benefits Required (S4878A/A398A): Requires covered employers to provide employees written notice of their right to file for unemployment benefits after any separation from employment or any reduction in hours that results in unemployment. Click here for the required form (also located in the HR Director for BE&A clients).

Shielding Employees’ Personal Electronic Accounts (S2518A/A836): Prohibits employers from requesting or requiring that employees or job applicants disclose usernames, passwords, or any other means of accessing social media, email, or other electronic personal accounts as a condition of hiring or continued employment or for use in disciplinary actions.

Increasing Salary Thresholds for Exempt Employees (S5572/A6796): Increases the threshold for applicability of wage payment protections for certain persons employed in a bona fide executive, administrative, or professional capacity, from $900 to $1,300 per week.