Michele Harmon
“Always do right. This will gratify some and astonish the rest.” —Mark Twain
What about the 2021 Texas Legislature and your employees?
As of February 1, 2021, more than 45 bills have been filed in the Texas Legislature addressing employers and employees’ requirements. There are still no bills relating to non-competition or non-solicitation agreements or trade secrets. There are none directly related to COVID. However, these three areas will be addressed at the federal level. If Texas doesn’t like what the Feds do, we know we can sue.
Most employee-employer related bills are filed for the common good or the benefit of a few. The bills filed are separated into employment discrimination, mandatory pay, inquiries into wage history, criminal background checks, advance notice of work schedules, tip collection, non-disclosure arbitration agreements, minimum wage, unpaid wages, and forced labor.
Employment discrimination laws are not a bad thing when implemented fairly. As an employer, I suggest, as I have before, that you let your own biases go. I do not care if an employee is from Mars, so long as they do a great job, get along with their peers, and dress and act professionally. You can have a dress code, but it applies to all, not one gender identity. The military just allowed women to wear their hair down. Watch for this one because if the women can do it, so can any other gender identity.
Another proposed law is about pregnancy. Do not follow the 25-year-old female out to her car to see if she has a child seat in it! If your insurance is going to pay for the generic Viagra, it is better to pay for birth control. Don’t shoot the messenger.
Sexual harassment laws currently apply to employers with more than 15 employees, and a proposed law will make the same laws apply to employers with only one employee, like the federal OSHA regulations. Another few bills have to do with hair texture associated with race.
Here comes California and New Mexico.
Mandatory Paid Leave is NOT required in Texas. Several bills are out there to require different levels of earning paid leave or Paid Time Off (PTO). My clients all offer some time off because it is the right thing to do and not because it is required in Texas.
Inquiries on wage history—these raise some interesting issues. Why do you care what someone made on their last few jobs? According to experience and education, if you have a job description with appropriate pay ranges, you know what you will offer the applicant as their starting compensation level. So, what difference does it make? Conserve your energy; Amazon sells stress balls.
There is pending legislation that will prohibit you from asking about criminal history before offering an applicant the job. Remember, applicants can volunteer to answer, just as they can volunteer to identify their personal EEOC categories on an application.
Advance notice of work schedules is a tough one. My friend, someone who manages a large department store, built a new store, and handled COVID issues like a rock star, would have to notify her employees two weeks ahead of their future work schedules. Think about how burdensome that could be. Good managers will schedule out for more than two weeks, but what about illnesses, emergencies, and COVID?
There is a bill about Tip Collection, and the employee would not share any of their tips with the establishment. I would hate to share the pay-it-forward $1,000 tip.
Another bill makes Non-Disclosure and Arbitration Agreements unenforceable and/or void when a report of sexual assault or sexual harassment is involved.
Minimum wages would be increased eventually to $15 per hour. This Texas proposed law will be consistent with federal wage laws coming down the pipes. Another proposed law allows employees to file for unpaid wages and then wait for it; another law creates a database listing of all the employers that have been penalized for failure to pay wages or who have been convicted of criminal offenses on wage thefts. There is also another proactive law proposed that pertains to forced labor. Really, in these times? Yes, human trafficking is real, and I am not sure how far-reaching this bill would be, but it is sad in 2021 to have to be addressing such inhumanity.
Switching gears, what have you been doing to combat the COVID Blues?
My favorite new book is 1000+ Little Things Happy Successful People Do to be Successful. In these times, I wanted to share from the chapter, 10 Success Principles We Often Forget.
- You are the only person responsible for your success.
- You don’t have to reinvent the wheel.
- There is no progress without action.
- Persistence always wins.
- Focus is everything.
- Failure is necessary.
- Positivity fuels productivity.
- You must believe you can.
- Helping others is a big part of being successful.
- Success is a journey of countless baby steps.
We know that drug overdoses, residential placements, smoking, and drinking have increased since the beginning of COVID. I want to suggest you celebrate and share your employees’ new and better habits.
How many employees took up jogging? Talk about success is a journey of countless baby steps and persistence. Did anyone take up a new hobby? My husband took up photography, and we all got framed photos for Christmas. He is pretty good and he is focused. Did employees who like to travel take to the road in a new fifth wheel to fuel their travel bug, believing they could? Our area colleges have created new programs and increased services to support their past and present students. Helping others is a big part of being successful.
April Recommendation
The Permian Basin has an excellent resource for your team’s professional leadership development: Hermann Eben and his GR8 Leadership Solutions. Check it out at www.gr8grp.comHis training is relevant to our community and its industries, and he is local. The best professional development focuses on long-term improvement and not the one-time workshop.
I want to note for my readers that I have taken my references to bills from The Texas Legislature Online, The Wall Street Journal, SHRM online, Texas SHRM online, Holly Williams, Esq., and various other online sources. My commentary is all mine.
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“Your employees are the heart of your organization.” Dr. Michele Harmon is a Human Resource professional, supporting clients in Texas and New Mexico that range in size from five to more than 3,000 employees. Email: micheleharmon1@gmail.com