Houston, Texas’ September 2025 Employment & Labor Law Cases

Summary of September 2025 Labor Law Updates for Houston, Texas

“Summary of September 2025 Labor Law Updates in Texas
This monthly update highlights key legal developments in Texas labor and employment law during September 2025. It’s designed for employees, HR professionals, and compliance teams and brought to you by HKM Employment Attorneys’ Houston, Texas team.

September 2025 marks a significant legal inflection point in Texas labor and employment law—with major legislative changes going into effect (ban the box, non-disclosure reforms, tightening of non-competes for health practitioners, and codification of sex definitions) and continued evolution in the case law permitting dual tort and statutory claims. If you or your organization has questions about how these changes affect your workforce policies, contracts, or litigation risk, please contact HKM Employment Attorneys at hkm.com.

HB 2466 – “Ban the Box” / Criminal History Question Ban — Legislation

Date Effective: September 1, 2025

Summary:
As of September 1, 2025, Texas prohibits employers from asking about an applicant’s criminal history on the initial job application. Employers may still run background checks or inquire later in the hiring process, but initial applications must omit any criminal history question.

Implications:
All Texas employers should update application forms, job postings, and internal policies to remove any criminal-history question on the front end. Hiring teams will need training on when it is permissible to ask about criminal history (e.g. after conditional offer). This aligns Texas with the growing number of states adopting “ban the box” laws.

SB 835 — Restricting Non-Disclosure Provisions in Sexual Abuse Contexts — Legislation

Date Effective: September 1, 2025

Summary:
Senate Bill 835 invalidates any non-disclosure or confidentiality clause (including in employment and settlement agreements) that prohibits someone from disclosing sexual abuse or facts related to sexual abuse. Such clauses are deemed void to the extent they preclude disclosure of sexual abuse, even retroactively to agreements entered before the effective date.

Implications:
Employers should review existing employment and settlement agreements to ensure they do not unlawfully restrict disclosure of sexual abuse. When drafting future agreements, include “savings” language that explicitly preserves rights to disclose sexual abuse even if other terms are confidential. Confidentiality clauses may remain in place in other contexts (e.g. settlement amounts), so long as they don’t cover sexual-abuse disclosures.

SB 1318 — Health Care Worker Non-Competes Reform — Legislation

Date Effective: September 1, 2025

Summary:
Senate Bill 1318 broadens and tightens restrictions on non-compete agreements for certain health care practitioners (e.g. physicians, dentists, nurses, physician assistants). Among the changes:

  • The statute now explicitly applies to more categories of health care workers.
  • It places stricter limits on the permissible duration, geographic scope, and activity restrictions in non-compete clauses.
  • Some non-competes must include a buyout option for the employee.

Implications:
Health care employers should reexamine existing non-compete agreements for covered employees to ensure compliance with the new narrower standards. Drafting new non-competes must carefully tailor duration, geography, scope, and buyout terms to avoid unenforceability. Counsel should assess whether certain roles previously covered will no longer be eligible under the constrained new regime.

Conclusion: Looking Back on Texas’ Labor Law Updates from September 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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