Houston, Texas’ August 2025 Employment & Labor Law Cases

Summary of August 2025 Labor Law Updates for Houston, Texas

This post provides a roundup of important labor & employment law developments in Texas during August 2025, for employees, HR leaders, and compliance teams. Brought to you by our Texas team at HKM Employment Attorneys, the goal is to keep you up to date on new laws, court decisions, and policy shifts that affect workplace rights, hiring practices, and obligations for employers. Texas is undergoing several significant labor & employment law changes as of August 2025, especially with laws coming into effect September 1 – so it’s a pivotal month for compliance. Two of the biggest shifts are: (1) the PWFA’s enforcement will fully apply to Texas state employers again; (2) hiring practices must change under the new Ban-the-Box law so that criminal history is delayed until later in the hiring process.

Pregnant Workers Fairness Act Restored — Court Ruling

Date: August 15, 2025

Summary:

The U.S. Court of Appeals for the Fifth Circuit in State of Texas v. Bondi reversed a lower district court’s injunction that had prevented enforcement of the Pregnant Workers Fairness Act (PWFA) as to the State of Texas. The district court had held that the law was passed unconstitutionally because members of the U.S. House reportedly voted by proxy during the COVID-19 pandemic (i.e. not physically present), in violation of the Constitution’s Quorum Clause. The Fifth Circuit rejected that view, holding that the Quorum Clause does not require physical presence and vacated the injunction. Thus, the PWFA must now be enforced against Texas state employers just as against other covered employers.

Implications:
Who is affected: State agencies/employers in Texas, public and private employers broadly, pregnant workers or those with medical conditions related to pregnancy, childbirth, or related medical needs.

What this means in practice: Employers in Texas must ensure their policies provide reasonable accommodations for pregnancy-related limitations (e.g. maternity leave, modified duties, medical appointments, or lifting restrictions), unless doing so imposes undue hardship. This was always required under PWFA, but enforcement had been blocked for state employers until this ruling.  Noncompliance now exposes state employers to EEOC enforcement, possible claims, damages. HR should review all policies, accommodation request procedures, training.

Ban-the-Box Law (HB 2466) Coming, Limiting Criminal History Questions in Hiring

Date (becoming effective): September 1, 2025

Summary:
Texas has passed House Bill 2466, which imposes a “”ban the box”” requirement for employers: employers may not ask about an applicant’s criminal history on the initial employment application form. They may only do so after determining that the applicant is otherwise qualified and has either been given a conditional offer of employment or invited to interview. There are exceptions (roles where criminal history is legally required, etc.), and the law applies to employers meeting certain size thresholds.

Implications:
Who is affected: Employers (private and public) with 15 or more employees in Texas. Job applicants will benefit. HR/hiring teams must update application forms and hiring procedures.

What to do: Remove criminal history questions from initial applications; ensure that conditional offers/interviews happen before asking those questions; train recruiting/hiring staff; review job postings, forms, background check policies.

Timing: Although this takes effect September 1, 2025, preparations need to be in place by then. Employers who do not comply could face legal risk.

Conclusion: Looking Back on Texas’ Labor Law Updates from August 2025

With Texas courts increasingly addressing wage-and-hour disputes, discrimination, and contract enforcement, you don’t have to stay stuck in uncertainty. At HKM Employment Attorneys in Houston, our seasoned attorneys—such as Alvin Adjei and Taylor Jones—are deeply versed in discrimination, hostile work environments, contractual breaches, wage theft, whistleblower claims, and more. Our Houston team combines responsive communication, national recognition, and no‑fee‑unless‑we‑win advocacy to help local employees navigate complex workplace issues. If recent case rulings hit close to your experience, reach out to our Houston office and let us help you assert your rights and pursue meaningful justice.

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Daniel Kalish

A graduate of Harvard College and Yale Law School, Mr. Kalish is an experienced trial lawyer who has tried more than thirty trials to jury verdict. Mr. Kalish’s practice focuses on complex trial work, and he represents employees in all aspects of employment litigation.

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