• Skip to primary navigation
  • Skip to main content

HRMorning

  • FREE RESOURCES
  • PREMIUM CONTENT
  • HR DEEP DIVES
  • PODCASTS
    • VOICES OF HR
    • WOMEN’S LEADERSHIP TODAY
  • LOGIN
  • GET STARTED
  • Employment Law
  • Benefits
  • Recruiting
  • HR Technology
  • Payroll
  • Management
  • Women’s Leadership
  • More
    • Talent Management
    • Performance Management
    • Leadership & Strategy
    • Compensation
    • Policy & Procedures
    • Wellness
    • Staff Departure
    • HR Career & Self-Care
    • Health Care
    • Retirement Plans
  • Employment Law

Don’t Mess With Texas: 2 New Rulings Push Back Against Feds

Tom D'Agostino
By: Tom D'Agostino
Read it on Beacon
  • Share on

About the Author

Tom D’Agostino is an attorney and legal editor who has more than 30 years of experience writing about employment law, disability law and education law trends. He earned his B.A. degree from Ramapo College of New Jersey and his J.D. from the Duquesne University School of Law. D’Agostino, who is a member of the Pennsylvania bar, is a past member of the American Bar Association’s Section of Individual Rights and Responsibilities and the Pennsylvania Bar Association’s Legal Services to Persons with Disabilities Committee. He has provided technical assistance in the production of segments for television’s ABC World News and 20/20, and he has been quoted in periodicals including USA Today. He is also a past contributing author of Legal Rights of Persons with Disabilities: An Analysis of Federal Law, which is a comprehensive two-volume treatise addressing the legal rights of people with disabilities. Tom is passionate about baseball and authentic Italian food. When not writing, he enjoys spending time with family.

Show Less
Last Updated: March 25, 2024
4 minute engagement
Don't Mess With Texas: 2 New Rulings Push Back Against Feds
You read HRMorning's newsletter. Beacon's Daily Brief is the version tuned to you: it skips what you've already read and leads with what you've asked Beacon about. Get your Daily Brief →

A pair of rulings from two different federal district court judges in Texas have rejected federal regulation regarding the federal Pregnant Workers Fairness Act (PWFA) and a new National Labor Relations Board (NLRB) rule regarding the meaning of “joint employer.” The rulings further cement the state’s status as a relatively friendly environment for those wishing to challenge federal regulation.

In the first decision, a judge sitting in the state’s northern district decided that the PWFA cannot be enforced against the state of Texas.

2 rulings say feds got it wrong

The PWFA, which took effect in June of 2023, requires employers with at least 15 employees to engage in an interactive process with pregnant employees and to provide reasonable accommodations for pregnancy, childbirth and related medical conditions – subject to the limitation that accommodations need not be provided if they would impose an undue hardship on the employer.

The PWFA is not a broad anti-discrimination law. Instead, it applies only to the provision of pregnancy-related accommodations. These accommodations might include permission to sit, provision of flexible hours and provision of additional break time. The PWFA supplements the federal Pregnancy Discrimination Act, which amended Title VII and broadly bans pregnancy discrimination.

In August of 2023, the EEOC issued proposed regulations to implement the PWFA. It did not meet an initial deadline of December 29, 2023, to finalize those regulations.

Texas sues to challenge PWFA

Before those proposed regulations were released, the state of Texas sued to allege that the PWFA could not be enforced against it.

Texas specifically alleged that the PWFA is not valid legislation because the House of Representatives did not have a quorum present when it passed the law.

To support this allegation, it relied on the Constitution’s Quorum Clause, which has long been understood to require the physical presence of a quorum of House or Senate members to pass legislation.

In 2020, the House created a rule that allowed absent members to be included in the quorum count and to vote by proxy.

The suit Texas filed essentially challenged the validity of that rule.

A bench trial was held near the end of January, and Judge James Wesley Hendrix issued a ruling near the end of February.

Judge: You have to be there

Judge Hendrix decided that by including members who were absent in the quorum count, the PWFA was passed in violation of the Quorum Clause and cannot be enforced against Texas.

“[T]he Quorum Clause bars the creation of a quorum by including non-present members participating by proxy,” the judge said. The judge also noted that the House only had a quorum because it allowed non-present members to vote.

The court further noted that its ruling was limited only to stop the application of the law against Texas. It also specifically declined to decide whether some members may vote by proxy if a constitutionally required quorum is otherwise physically present.

While this ruling is clearly limited in scope, it nonetheless provides a basis for a challenge to the PWFA that has now proven itself to be viable.

Second ruling blocks new NLRB rule

In the second case, a judge sitting in the U.S. District Court for the Eastern District of Texas blocked an NLRB rule that expanded the definition of what it means to be a “joint employer.” The ruling in that case was issued just three day before the new rule was set to take effect.

Under the new rule, employers could be deemed to be joint employers if:

  • they had an employment relationship with employees under common-law agency principles, and
  • they shared or co-determined matters governing essential terms and conditions of employment.

Under the new rule, an employer could be considered a joint employer even if it never actually exercised the right to control a worker’s conditions of employment. In essence, it made it much easier to find that an employer is a joint employer.

A number of business groups, led by the U.S. Chamber of Commerce, sued to challenge the rule in a federal district court in the Eastern District of Texas.

In early March, Judge J. Campbell Barker blocked the rule’s application.

The judge decided that the new rule did not create a clear standard for employers. He further ruled that the NLRB’s act in rescinding the earlier rule, which was implemented in 2020, was arbitrary and capricious and thus was invalid.

The NLRB reacted by issuing a statement that said the ruling “is not the last word” and that it is “actively considering next steps.”

Read it on Beacon
Open this article in Beacon, from HRMorning, and ask how it applies to your company. Every answer names its source.
Read it on Beacon
Get HRMorning's newsletter tuned to you every morning: your Daily Brief on Beacon →
Filed under
  • Employment Law
  • Share on

Get the HRMorning Newsletter

With HRMorning arriving in your inbox, you will never miss critical stories on labor laws, benefits, retention and onboarding strategies.

Get it free with a Beacon account. Beacon keeps your company's HR context at hand, and every answer names its source.
Create my free account

Free Training & Resources

White Papers

The Open Enrollment Communication Toolkit: Every Message, Ready to Send

White Papers

Only 20% of HR Teams Feel Very Confident in Their Leave Compliance

Webinars

AI Governance for HR Teams Without a Legal Department

Provided by TriNet

White Papers

HSA Employee Survey Kit

SPONSORED CONTENT

Compensation

Recruiting

sponsored content
Salary Benchmarking: 6 Choices That Decide Whether Your Pay Data Holds Up

Courtesy of MARSH

Employment Law

Policy & Procedures

sponsored content
Policy Rollout: 4 Checkpoints That Show Employees Got the Message

Courtesy of NAVEX

Benefits

Staff Administration

sponsored content
PEO ROI: 3 Numbers to Know Before You Leave Patchwork HR

Courtesy of TRINET

Further Reading

  • Employment Law
An $11.25M mistake: Why jury sides with fired worker who complained about harassment

A recent lawsuit provides a case study on what NOT to do when handling employee complaints. How bad was it? A jury awarded an eight-figure ...

  • Employment Law
Work Injury Was Years Ago — But He Wants Surgery Now

A state court decided that a settlement agreement resolving a workers’ comp claim did not require an employer to pay for surgery tha...

  • Employment Law
Missing 401(k) contributions: Company held in contempt, faces daily fine by court order

Word to the wise: Never try to duck out of obligations outlined in a consent decree. You won’t be able to hide for long. That’s a le...

  • Employment Law
Here’s an important FMLA rule you might not know about

The basic premise of the FMLA is pretty straightforward: Eligible employees are entitled to take job-protected leave for specified family a...

  • Employment Law
Employer Blamed for Ugly Injury: Worker Suffers Burns to Face

The Department of Labor has determined that an employer is to blame for injuries suffered by a worker whose face was burned as he was clean...

  • Employment Law
What’s in a Whisper? Not Illegal Harassment, Court Says

Sometimes, things can get uncomfortable or awkward at work. But to cross the line into illegal harassment, there needs to be something more...

Get the latest from HRMorning in your inbox PLUS Beacon, free. Check it before you say it.

GET STARTED FREE
HR Morning Logo
  • Facebook
  • Linked In
  • ABOUT HRMORNING
  • ADVERTISE WITH US
  • WRITE FOR US
  • CONTACT
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • Leadership & Strategy
  • Compensation
  • Policy & Procedures
  • Wellness
  • Staff Departure
  • HR Career & Self-Care
  • Health Care
  • Retirement Plans
  • DEI

HRMorning, part of the Rover Insights Network, provides the latest HR and employment law news for HR professionals in the trenches of small-to-medium-sized businesses. Rather than simply regurgitating the day's headlines, HRMorning delivers actionable insights, helping HR execs understand what HR trends mean to their business.

Powered By Rover Insights
Privacy Policy | Terms of Service | HRMorning Insider? Manage your subscription
Copyright© 2026 Rover Insights
HRMorning Logo

WELCOME BACK!

Enter your username and password below to log in

Forget Your Username or Password?

Reset Password

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.

Log In

Why do we need your credit card for a free trial?

We ask for your credit card to allow your subscription to continue should you decide to keep your membership beyond the free trial period.  This prevents any interruption of content access.

Your card will not be charged at any point during your 21 day free trial
and you may cancel at any time during your free trial.

During your free trial, you can cancel at any time with a single click on your “Account” page.  It’s that easy.