They say everything is bigger in Texas and the controversy surrounding paid sick leave is no exception. With less than two weeks before the effective date of two paid sick leave laws in Texas, here is a quick scorecard on where these laws stand:
As is now being reported, the City of San Antonio has agreed to delay implementation of its paid sick and safe leave ordinance until December 1, 2019. The ordinance was originally scheduled to go into effect on August 1 for most employers. On Monday, July 15, a business coalition initiated an action in Bexar County to challenge the San Antonio ordinance, arguing that it is unconstitutional. The Texas Attorney General filed a petition in intervention in the action on July 19, siding with the business coalition (the Texas Civil Rights Project filed a petition in intervention on July 18 representing several stakeholders, including the Texas Organizing Project Education Fund). The city via Deputy City Attorney Ed Guzman announced that it had submitted an agreed order in the lawsuit to delay implementation until December 1, noting “This additional time will allow us to continue working with the paid sick leave commission, committees and our stakeholders to refine the ordinance.” A hearing is scheduled for Wednesday, July 24, at which time the court will decide, among other things, whether to allow the delayed implementation date.
As previously reported, a (thus far) successful challenge to Austin’s paid sick and safe leave law ordinance is still pending and may be addressed by the Texas Supreme Court in the coming months. On November 16, 2018, the Austin Third Court of Appeals declared the Austin ordinance to be unconstitutional and ordered the district court to grant a temporary injunction against the Austin ordinance.
Despite the uncertain future of these laws, the City of Dallas has published rules for implementation of its paid sick and safe leave law and remains on track to implement its ordinance as scheduled on August 1, 2019 (for most employers). You can find more information about the Dallas ordinance here.
For guidance on leave management issues, please contact a Jackson Lewis attorney. Register here if you would like to receive information about our workthruIT® Leave & Accommodation Suite. The Leave & Accommodation Suite provides subscribers an expanding array of tools to manage leave and accommodation issues, including electronic access to a state and local leave law database that is developed and updated continually by our Disability, Leave & Health Management attorneys.
We thank our summer clerk Logan Collier Adams, in our Dallas office, for his assistance.