Austin, TX

Texas Decimates Many Local Laws – Fair Chance Hiring Practices Eliminated In Austin

Published

1 year ago

August 19, 2023

Texas Decimates Many Local Laws – Fair Chance Hiring Practices Eliminated In Austin

The preemption of Austin’s “ban the box” law brings to the forefront a delicate balancing act … [+] between inclusivity, anti-discrimination, and due diligence.

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In the intricate landscape of employment law, the Lone Star State has recently taken a bold step by preempting local laws and ordinances that surpass or conflict with state laws, such as Austin’s Fair Chance Hiring Ordinance, or “ban the box” law. This move carries significant implications for employers in Austin who conduct criminal background checks of job candidates requiring that employers recalibrate their hiring practices and understand the shifting sands of compliance.

Understanding Preemption

Preemption, in the realm of law, refers to the concept where a higher level of government authority supersedes or displaces the regulations of a lower level of government. In the context of Texas, this means that state laws take precedence over local laws and ordinances, effectively rendering them null and void.

Texas House Bill 2127, referred to as The Texas Regulatory Consistency Act or the “Death Star” law, aims to eliminate the varying set of regulations that are inconsistently enforced throughout the state. The Act intends to restore regulatory control over commerce to the state level by preventing cities and counties from enforcing or enacting any legislation that governs labor practices in a manner exceeding or conflicting with state regulations. Texas’s Death Star law will impact a myriad of local laws affecting everything from workers’ rights to residential issues and becomes effective September 1, 2023.

Hiring in Austin is directly impacted by Texas’s new law. While Austin may have been at the forefront of fair chance hiring and “ban the box” legislation by passing a law in 2016 prohibiting private employers from asking job applicants about their criminal histories until after a conditional job offer, Texas has asserted its authority by preempting these local efforts. As a result, Austin’s Fair Chance Hiring Ordinance can no longer be enforced by the city. A similar ordinance, passed in DeSoto, Texas, in 2021 will also be unenforceable.

Impact on Employers

For employers in Austin who have been diligently following the “ban the box” measure, the preemption introduces a seismic shift in their hiring protocols. It is crucial for employers to recognize that the prohibition on criminal history inquiries at the initial stages of the hiring process and additional adverse action requirements will no longer be required. While this may offer more latitude in evaluating candidates, it also presents new complexities and considerations.

For example, Austin’s Fair Chance Hiring Ordinance requires that employers conduct an individualized assessment of a candidate’s criminal history, considering the nature and gravity of the criminal offenses, the time since the offenses occurred and the sentence was completed, and the nature and responsibilities of the job sought by the candidate. The assessment is similar to the guidance provided by the US Equal Employment Opportunity Commission concerning the consideration of arrest and conviction records in employment decisions. Austin’s ban the box law also requires that employers who deny candidates employment based on their criminal history notify the candidate as part of the adverse action process that the adverse action was based on the individual’s criminal history.

The preemption of Austin’s “ban the box” law brings to the forefront a delicate balancing act between inclusivity, anti-discrimination, and due diligence. Employers must now tread carefully to avoid unintentional discrimination while complying with Texas’s “Death Star” law.

Navigating Compliance

To help ensure compliance with the evolving legal landscape, Austin employers may need to recalibrate their hiring practices. Considerations for employers include:

Reviewing and Revising Policies: Employers may revisit and update their hiring policies to align with the state’s preemption stance. While not explicitly required, because Austin’s ban the box law will be preempted, employers who find it valuable to assess criminal history early in the application process may revise job applications and interview scripts to account for the reintroduction of criminal history inquiries.
Education and Training: Individuals who make employment decisions, such as managers and HR personnel, should receive comprehensive training on any revisions to policies and processes to ensure consistency in their application and minimize potential pitfalls related to discrimination and unconscious bias.
Individualized Assessment: While no longer expressly required by Austin’s ban the box law because of state preemption, employers are reminded of the EEOC’s enforcement guidance concerning the consideration of arrest and conviction records in employment decisions. Employers should adopt an individualized approach when assessing a candidate’s criminal history. Evaluate the relevance of the offense to the job, considering factors such as recency and severity.
Documentation and Decision-Making Uniformity: Maintain meticulous records of hiring decisions, outlining the rationale behind each candidate’s evaluation. Consistency in the application of policies is paramount to demonstrating fairness. Employers are encouraged to utilize tools that can help create an audit trail of the individualized assessment process.
Collaboration with Legal Counsel: Given the intricate nature of employment law, seeking guidance from legal professionals well-versed in Texas preemption and hiring regulations is a prudent step. Further, the enforcement of Texas’s Death Star law is expected to be challenged by several municipalities whose laws and ordinances will be eliminated by the law, making compliance with impacted laws and ordinances a moving target.

Texas’ preemptive move in the realm of fair chance hiring legislation challenges Austin and DeSoto employers to rethink their hiring strategies. The state’s assertion of authority necessitates reevaluating hiring policies to align with the changing legal landscape. By proactively addressing compliance and maintaining a delicate balance between inclusivity and due diligence, employers can navigate this shift while ensuring fair and informed hiring decisions. As we adapt to this new paradigm, the spotlight remains on the business community to foster an equitable employment environment within the bounds of the law.

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Austin, TX

Texas vs Arizona State: Teams prepare for Chick-Fil-A Peach Bowl

Published

8 hours ago

December 27, 2024

Press Room

Texas vs Arizona State: Teams prepare for Chick-Fil-A Peach Bowl

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AUSTIN, TEXAS – DECEMBER 21: A view of fireworks and the scoreboard following the game between the Clemson Tigers and Texas Longhorns in the Playoff First Round Game at Darrell K Royal-Texas Memorial Stadium on December 21, 2024 in Austin, Texas. Tex

AUSTIN, Texas – On Wednesday, the Texas Longhorns and the Arizona State Sun Devils will square off in the College Football Playoff quarterfinal at Mercedes-Benz Stadium in Atlanta, Georgia.

The New Year’s Day match-up will be the first football game of 2025.

The last time the Horns and Sun Devils played on the field was in 2007 when Texas beat Arizona 52-to-34 in the Holiday Bowl.

“This is the first time that we’ll host Texas true blue blood in college football into the Chick-Fil-A Peach Bowl, and if they win, Texas would be the first team in the history of college football to win all six New Year’s Six Bowl games,” said Gary Stokan, President and CEO of Peach Bowl, Inc.

Texas has never played in the Peach Bowl, and Arizona has never played in the CFP. It will be a game of firsts for both teams. The Sun Devils have only played in the Peach Bowl once before, in 1970, when they beat North Carolina.

8-year-old Longhorns fan wins tickets to CFP game

8-year-old Texas Longhorns fan Liam Ransom and his father will be at DKR on Saturday after winning a contest to get tickets.

“They created the Fiesta Bowl out of that experience of the 1970 Peach Bowl,” said Stokan. “So interesting history there, and interesting history can be made with both teams moving along to the semifinal, the first CFP playoff.”

It will be the 57th Peach Bowl, and tickets to the annual game have sold out yearly since sometime in the 1990s.

“We were founded back in 1968, and it is the ninth-oldest bowl game in college football history, but only the first bowl game founded for charity,” said Stokan.

Stokan said the Peach Bowl and Chick-fil-A teamed up this year to give out scholarships to both universities, each receiving $100,000. The endowed scholarship will help fund tuition for students attending UT or ASU from Atlanta.

“We’ve given $64 million to charity since 2002, which makes us the most charitable organization in the country,” said Stokan.

The Longhorns will return to Mercedes-Benz Stadium for the second time this season, and fans are upset that the beloved mascot has been banned from the sidelines.

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“Unfortunately, we hate it, but, you know, we’re not able to house Bevo similar to what the SEC championship did, so we apologize to all the Texas fans,” said Stokan.

The Chick-fil-A Peach Bowl President said he had answered more interview questions about Bevo than football.

“I’m not sure whether Texas fans are more interested in Bevo or the game,” said Stokan.

The stadium staff said they cannot accommodate the nearly one-ton steer.

While the Peach Bowl is already sold out, some people feel this same restriction could affect Bevo’s game attendance for a possible national title game.

If Texas wins the Peach Bowl and their semifinal game, the Longhorns would return to Atlanta on January 20 for the national championship.

The Source: Information from interviews conducted by FOX 7 Austin’s Katie Pratt

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Austin, TX

Where in Austin to see free live music that doesn’t suck

Published

16 hours ago

December 26, 2024

Press Room

Where in Austin to see free live music that doesn’t suck

Austinites, new and old, often hear that the city is no longer the live music capital of the world, but that claim should be taken with a grain of salt. There are plenty of spots in ATX to hear free live music that’s good — as long as you know where to look.

The Capital City was first dubbed the “Live Music Capital of the World” in August 1991. According to Visit Austin, the title was justified by the number of music venues per capita in the city. ATXToday reports there are over 250 venues in Austin where live music is played, proving there’s no shortage of spots offering live entertainment.

However, not every venue allows residents and visitors to Austin to enjoy quality live music without some sort of cover charge. This is when it pays to know the Capital City like the back of your hand.

9 places in Austin to see free live music

While there are countless bars, coffee shops, restaurants and music venues in Austin offering free live music, not all of it passes as “good.”

What’s the point of hitting up a cover-free spot if the live entertainment is soul-crushingly bad?

Below are nine spots to see quality live music in Austin for free.

Reminder: If you’re enjoying free live music somewhere, show the artists some support! Most have tip jars and/or signs with their Venmo username near the stage.

Banger’s Sausage House and Beer Garden

Pros: Spacious beer garden with indoor and outdoor seating, covered outdoor stage for live entertainment, a stellar sound system that funnels live music inside (even in the bathrooms) quality local acts that get guests on their feet during Sunday brunch and beyond, attentive service and an expansive food and drink menu.

Address: 79 Rainey St., Austin, Texas.

Hours: 11 a.m. to 10 p.m. Monday-Thursday; 11 a.m. to 11 p.m. Friday-Saturday; 10 a.m. to 9 p.m. Sunday.

View Banger’s live music calendar here.

Mama Dearest

Pros: Backwoods-themed bar with eclectic and borderline eerie decor, decent sound system for listening to live music, indoor-outdoor seating, food truck, all of the vibes. Misting fans on outdoor patio in the summer, heaters in winter.

Address: 515 Pedernales St., Austin, Texas.

Hours: 4 p.m. to 2 a.m. Monday-Friday; noon to 2 a.m. Saturday-Sunday.

Mama Dearest often will share its live music offerings on Instagram. Check the bar’s IG here.

Austin Beer Garden and Brewing Co.

Pros: Free live music on Wednesdays, Fridays and Saturdays, delicious pizza and sandwiches, various drink options (beer, wine, seltzer and more!), dog-friendly, children welcome.

Address: 1305 W. Oltorf St., Austin, Texas.

Hours: Closed Monday; 11:30 a.m. to 11 p.m. Tuesday-Friday; noon to midnight Saturday; noon to 10 p.m. Sunday.

View ABGB’s live music calendar here.

The Elephant Room

Pros: Centrally located venue offering live jazz music nightly, no cover charge on Sunday, Monday or before 8 p.m. Tuesday through Friday, intimate setting, attentive service.

Address: 315 Congress Ave., Austin, Texas.

Hours: 5 p.m. to 2 a.m. Monday-Friday; 8 p.m. to 2 a.m. Saturday; 7 p.m. to 1 a.m. Sunday.

View the live music calendar here.

Armadillo Den

Pros: Spacious, casual friendly service, free live music, good sound system, numerous food trucks on-site. Kids are welcome until 6 p.m. Monday-Friday. Otherwise, the Armadillo Den is for those ages 21 and older.

Address: 10106 Menchaca Road, Austin, Texas.

Hours: 4 p.m. to midnight Monday-Wednesday; noon to 12:30 a.m. Thursday; noon to 2 a.m. Friday; 11 a.m. to 2 a.m. Saturday; noon to midnight Sunday.

View Armadillo Den’s live entertainment calendar here.

Jester King Brewery

Pros: Live music on weekends at a brewery that doubles as a ranch where goats not only live but also thrive alongside their trusted canine companion. Jester King also has delicious bites and funky beers to choose from, forts for kids to climb on and ample space.

Address: 13187 Fitzhugh Road, Austin, Texas.

Hours: 2 p.m. to 8 p.m. Monday-Thursday; 2 p.m. to 9 p.m. Friday; 11 a.m. to 9 p.m. Saturday; 11 a.m. to 8 p.m. Sunday.

Browse Jester King’s live music calendar here.

Blind Pig Pub

Pros: Live music every day of the week in the heart of Dirty Sixth, indoor and outdoor stages, open-air rooftop patio. For a chiller experience on weekends, visit the Blind Pig before 9 p.m.

Address: 317 E. Sixth St., Austin, Texas.

Hours: 7 p.m. to 2 a.m. Monday-Tuesday; 2 p.m. to 2 a.m. Wednesday-Friday; 1 p.m. to 2 a.m. Saturday; 2 p.m. to 2 a.m. Sunday.

Austin Garden & Studio at Inn Cahoots

Pros: The Garden at Austin Garden & Studio often hosts live music on the outdoor stage. Musical genres vary, but the sound quality is superb. There also is a food truck on-site and yard games to play.

Address: 1209 E. Sixth St., Austin, Texas.

Hours: Doors open at 4 p.m. Monday-Friday and 2 p.m. Saturday-Sunday.

Browse the December 2024 schedule here, and view the 2025 schedule here.

Whiskey Tango Foxtrot Icehouse

Pros: Located in the heart of West Sixth where bars and restaurants are plentiful, Whiskey Tango Foxtrot offers stellar sound quality, a covered bar and stage for chilly or rainy nights, strong drinks, fast service and more.

Address: 701 W. Sixth St., Austin, Texas.

Hours: 4 p.m. to 2 a.m. Monday-Friday; 2 p.m. to 2 a.m. Saturday, noon to 2 a.m. Sunday.

Check Whiskey Tango Foxtrot’s Facebook and Instagram pages for up-to-date information on live music offerings.

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Austin, TX

Where can I recycle my Christmas tree in Central Texas?

Published

1 day ago

December 26, 2024

Press Room

Where can I recycle my Christmas tree in Central Texas?

AUSTIN, Texas – Now that the Christmas holiday is over, many must be wondering what to do with their trees.

Below is information on where and how you can recycle your holiday tree.

City of Austin

The city of Austin has two options for recycling your Christmas tree: curbside collection or drop-off.

City curbside customers can recycle their trees starting on Thursday, Dec. 26. Residents should set out their trees by 5:30 a.m. on their composting collection day.

All Austinites can drop off their trees, wreaths and garlands for recycling at Zilker Park, even if they are not Austin Resource Recovery customers.

What to know:

Only natural trees will be accepted for recycling; However, trees sprayed with flocking or artificial snow will not be accepted.

Residents should remove all ornaments, decorations, tinsel, lights and tree stands. Wreaths and garlands should be removed from wire frames.

When recycling, do not place trees in bags. If recycling through curbside, all trees six feet or taller should be cut in half.

Drop off times:

If you choose to drop off your tree at Zilker Park, drop off is available between 10 a.m. and 2 p.m. on the following:

Saturday, Dec. 28
Saturday, Jan. 4
Sunday, Jan. 5

For more information on City of Austin tree recycling, click here.

Travis County

Travis County residents can drop off their holiday trees for free at four locations across the county from Thursday, Dec. 26 through Friday, Jan. 10.

Drop-off locations:

West Service Center: 4501 FM 620, Austin, TX 78732
Del Valle Adult Softball Complex: 3614 FM 973, Del Valle, TX 78617
1431 Collection Station: 2625 Woodall Dr, Leander, TX 78613
East Service Center: 6011 Blue Bluff Austin, TX 78724

Only natural trees will be accepted. Residents must remove all ornaments, decorations, lights, tree stands, nails, staples and metal. Trees sprayed with flocking or artificial snow will not be accepted.

Residents should not place their tree in a “tree bag” or any plastic bag and trees taller than six feet must be cut in half.

Anyone looking to recycle holiday lights can drop them off at the Recycle and Reuse Drop-off Center located at 2514 Business Center Dr. Residents can also drop off holiday packaging there, including Styrofoam and cardboard.