Photo of Kristin L. Bauer

Kristin Bauer is a Principal in the Dallas, Texas, office of Jackson Lewis P.C. and is a contributor to the Disability, Leave & Health Management Blog.  In addition to handling an active employment litigation docket, she provides advice and counsel to employers on the numerous laws touching ill and injured workers, including the ADA, the FMLA, and related state laws, and strategies to manage those risks.

Learn more about Ms. Bauer on the Jackson Lewis website.

Today two plaintiffs represented by the Texas Public Policy Foundation filed a lawsuit challenging the Dallas paid sick and safe leave ordinance, which is scheduled to go into effect on August 1. It remains to be determined whether the implementation date will be officially delayed – either through a preliminary injunction or by agreement. The

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:

San Antonio

As is now being reported, the City of

As noted in our recent post, absent extraordinary legislative action or prompt legal challenge, by August 1, 2019, most employers with employees working at least 80 hours a year in Dallas or San Antonio should be prepared to comply with paid sick leave ordinances.

The city of San Antonio recently released an eight-month implementation

Although there is no Texas state-wide law that requires paid sick leave in Texas, the cities of Austin, Dallas, and San Antonio have adopted paid sick and safe leave laws. Proposed legislation  that would have blocked these laws from going into effect was introduced during the most recent Texas legislative session. However, as

Over the next several months, the fate of local paid sick leave laws may well be decided by the Texas legislature. But while lawmakers continue to debate whether Texas cities should be prohibited from establishing their own paid sick time mandates, efforts to expand their reach are marching forward. Last week, the City of Dallas

On November 16, 2018, the Austin-based 3rd Court of Appeals declared Austin’s paid sick and safe leave ordinance unconstitutional. Specifically, the court held the ordinance is preempted by the Texas Minimum Wage Act and is, therefore, unconstitutional.

The Austin ordinance has been under attack since its inception. The Travis County District Court originally denied a

Austin, Texas Passes Paid Sick and Safe Leave Law                                                                

Early this morning the Austin City Council passed a long-discussed ordinance requiring employers to provide employees with paid sick and safe leave (“PSL”). Austin is the first city in the South ever to enact such a law.

Highlights of the New Austin Ordinance:

  • Effective October 1,

When used lawfully, post-offer, pre-employment medical examinations can be a powerful tool. But a recent federal district court case demonstrates the importance of carefully implementing such programs.  In EEOC v. M.G.H. Family Health Center, Cause No. 1:15-CV-952 (E.D. Mich. 1/27/2017 ), the employer hired an employee and asked her to participate in a medical