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

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


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

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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

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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:

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  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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

‘It’s really helpful’: Central Texas workforce programs receive thousands in state funding

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‘It’s really helpful’: Central Texas workforce programs receive thousands in state funding


AUSTIN (KXAN) — Central Texas nonprofits just got more money to help their efforts increasing our workforce.

Twenty workforce skills training and job placement programs received more than $6.3 million in grant funding, Gov. Greg Abbott announced Monday.

The funding came via the Texas Talent Connection grant program, an initiative designed to aid “innovative education and workforce skills training programs that lead to successful job placement, increased wages, and improved job retention,” per the release.

Two of those programs are in the Austin area: American YouthWorks and Skillpoint Alliance.

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‘Reach out to rural communities’

Skillpoint Alliance received $210,000 from the grant program.

Chief Executive Officer Kevin Brackmeyer said it will help them reach out to rural communities throughout all of the areas they serve.

“We’ve seen a lot of individuals who are coming to our training come from outside of these rural communities. We felt that it was urgent that we start really reaching out to those communities and really helping them get trained.”

Kevin Brackmeyer, Skillpoint Alliance Chief Executive Officer

Brackmeyer said they are setting up pop-up trainings in those rural places. He said the grant will also help expand the times they can train.

  • Skillpoint Alliance
  • Skillpoint Alliance

“Adding more training sites at night as well as during the day with a focus on specific populations,” Brackmeyer said “One being the veterans that we love to serve.”

Skillpoint Alliance Electrical Instructor Matthew Singer is a veteran himself.

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“It’s hard to reach veterans,” Singer said. “Often, large populations are in Killeen and San Antonio. So we try to go to them and provide them an opportunity to transfer from the military into a trade.”

‘Serve more young people’

American YouthWorks is another Austin nonprofit receiving the Texas Talent Connection Grant Program.

“Typically, students are spending half their time in our academic programs, finishing their GED or high school diploma and half of their time in the pre-apprenticeship job training programs,” said YouthBuild Program Director David Clauss.

Clauss said their $350,000 will go towards YouthBuild, a program for young adults who haven’t finished high school.

“Our YouthBuild programs job training is focused around the Austin economy,” Class said. “We provide job training in healthcare, IT, manufacturing and construction in the skilled trades.”

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With this additional support, Clauss said they’re able to support over 120 to 150 young people.

The nonprofit said 80% of YouthBuild grads go on to higher education or a job in the Austin economy.

  • American YouthWorks
  • American YouthWorks

YouthBuild participant Eloy Vasquez is planning for that in his future.

“I actually want to like join trade school after this. A lot of the skills that I’ve learned here will definitely translate into what careers I’m trying to pursue.”

Eloy Vasquez, YouthBuild participant

Collectively, more than $50 million in grants have been awarded through the state’s grant program since 2015.

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Austin, TX

Global aerospace co. Acutronic names Austin its divisional HQ, plans additional investment in area

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Global aerospace co. Acutronic names Austin its divisional HQ, plans additional investment in area


A global aerospace giant that works with nearly every U.S. defense contractor has picked Central Texas for a multifaceted investment that is expected to result in more jobs, another manufacturing hub and workforce development training in the area. This article dives into what the company has planned and why it chose the Austin area for the next phase of its growth.



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Austin, TX

Lutron and Meridian Host Austin, TX Specifier Event to Demonstrate the Transformative Power of Light and Sound

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Lutron and Meridian Host Austin, TX Specifier Event to Demonstrate the Transformative Power of Light and Sound


Lutron and Meridian Host Austin, TX Specifier Event to Demonstrate the Transformative Power of Light and Sound

Bryce Stambaugh

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Coopersburg, PA (June 17, 2024) – Lutron Electronics, the trusted leader in architectural lighting, motorized window shades, and lighting control systems, and Meridian Audio, the British Audio Technology Pioneer, recently brought together luxury design professionals to share in a bespoke dining adventure with curated lighting, memorable music, and culinary pairings. The event was produced in collaboration with leading manufacturers’ representative Bell & McCoy and home technology experts Captivate, Inc. The exclusive, invitation-only event emphasized how light and sound can shape experiences and heighten senses in ways that transform fine dining into fine art.

A combination of esteemed local architects and designers attended the event, observing the transformative nature of light and sound through an unparalleled sensory experience featuring Lutron’s Ketra lighting, Palladiom shades, and Meridian audio solutions. The goal? Awaken the senses and immerse guests in magical moments to generate ideas and encourage specifiers to share the promise of luxury experiences.

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Six meticulously crafted creations were served from Uchi Austin, an award-winning Japanese restaurant, over the course of the evening. Lighting scenes and sound design were tailored to complement the mood and cuisine, adding a layer of sophistication that enhanced the overall experience without overpowering it.

Demonstration: Light and sound without limits
Two pairs of multi-award-winning Meridian Audio DSP9 Loudspeakers, finished in Piano Lacquer Black and Volcano Orange, immersed diners in authentic, natural, and lifelike sound throughout the venue.

Ketra’s Natural Light solution was integral to the event, offering flexibility in color temperature and light intensity that delivered the bright, white light needed to prepare meals and then transitioned to something softer when it was time to serve and entertain. The minimal profile, beautifully simple Lutron Palladiom Shades integrated seamlessly to help enhance and showcase the space.

“Lutron and Meridian are both focused on addressing the needs and desires of luxury homeowners. With Lutron + Ketra, it’s the power of light. With Meridian, that something is how customers experience sound. Together, our teams delivered a unique multisensory experience of the highest quality for our specifier guests.” said David Weinstein, Lutron’s Vice-President of Residential Sales.

“The evening showcased the great match between Lutron and Meridian, and our shared value propositions. Meridian is in the business of ‘goosebumps’ and our ambition for the event was to elevate the dining experience by seamlessly integrating natural, authentic and lifelike sound with the other sensory elements provided by Lutron and Uchi, enriching every moment with depth and emotion. Feedback from guests was exactly what we all would have wished for. It was very gratifying to hear that our award-winning Reference DSP9 loudspeakers were appreciated as much for their intentional design – ‘functional art’ – as for their powerful, high-end performance,” said John Buchanan, Meridian CEO.

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One attendee commented on his personal experience, “This is about creating a 5-star experience for your home,” said Colin Slaughter of Ryan Street Architects. Andrea Alvarez of Matt Fajkus Architecture said of her experience, “Incredible evening. Very engaging and truly amazed by the product and all the possibilities it can have. I am leaving here with some great ideas.”

About Lutron Electronics (www.lutron.com)
Founded in 1961, Lutron Electronics Co., Inc., is headquartered in Coopersburg, Pennsylvania. From dimmers for the home to lighting management systems for entire buildings, the company offers more than 15,000 energy-saving products, sold in more than 100 countries. In the U.S. alone, Lutron products save an estimated 10 billion kWh of electricity, or approximately $1 billion in utility costs per year. The company’s early inventions— including the first solid-state electronic dimmer invented by Lutron’s founder, Joel Spira—are at the Smithsonian’s National Museum of American History in Washington, DC.

About Meridian Audio (www.meridian-audio.com)
Meridian is a multi-award-winning British audio technology innovator with a rapidly growing automotive business. In home audio, Meridian is best known for the hi-fi and surround sound cinema products chosen for many of the world’s most astonishing residences and super yachts. For the demanding in-car environment, the company focusses on pioneering DSP and other software technologies, supported by deep expertise in electronics, hardware integration and system tuning. Many of the world’s most ambitious vehicle manufacturers trust Meridian to support their audio system design, adding value to their most premium systems through the addition of the Meridian brand. Meridian is a technology- driven business that invests around 15% of revenue in R&D, ensuring a full pipeline of innovations that deliver exciting upgrade paths for its customers.





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