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FAQs on Paid Sick Leave in Dallas and San Antonio

Paid sick leave ordinances in Dallas, Texas and San Antonio, Texas will take effect for most employers on August 1, 2019. Join Larry Smith and Tiffany Cox Stacy as they help employers prepare by answering some frequently asked questions about these ordinances.

Lawsuit Challenges Dallas Paid Sick Leave Ordinance

On July 30, 2019, a lawsuit was filed in the U.S. District Court for the Eastern District of Texas seeking to enjoin the City of Dallas’s paid sick leave ordinance, which is set to take effect on August 1, 2019. The lawsuit, filed by the Texas Public Policy Foundation on behalf of two Collin County, Texas, employers, alleges that the ordinance impermissibly creates a distinction between union and nonunion employers by allowing only unionized employers to modify the annual accrual cap required by the ordinance.

City of Dallas Sued Over Paid Sick Leave Ordinance

Two days before the Dallas paid sick leave ordinance goes into effect, two companies filed suit against the City challenging the ordinance. Attorneys with the Texas Public Policy Foundation, which represents these companies in the lawsuit, sent the City a letter last week, demanding that the City of Dallas follow San Antonio’s lead and delay the implementation of its almost identical ordinance until December 1. In a twist, the lawsuit was filed in the U.S. District Court for the Eastern District of Texas, Sherman Division. The plaintiffs are Collin County employers who are allegedly impacted by the ordinance because they have Dallas employees covered by the ordinance.

Dallas Paid Sick Leave Ordinance Faces Legal Challenge

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 lawsuit is pending in the Eastern District of Texas, Sherman Division. For more information on the status of paid sick leave in Texas, see our recent blog post.

Moving Targets: (Possible) Delays to Texas Paid Sick Leave Ordinances

Even though it is less than 10 days before paid sick and safe time (PSST) ordinances in Dallas and San Antonio are/were scheduled to take effect, developments regarding the status of these ordinances are changing daily. These fast-paced changes have rendered the laws moving targets, and have left businesses and others affected by the laws scrambling to keep up with their attendant legal obligations.

San Antonio Paid Sick Leave Ordinance Delayed

On July 24, 2019, a Bexar County district court judge entered an order delaying the implementation of the San Antonio paid sick leave (PSL) ordinance from its current August 1, 2019 date to December 1, 2019. The order represented a compromise between the City of San Antonio and a coalition of San Antonio business groups that filed suit against the city on July 15.

BREAKING: San Antonio Postpones Its Paid Sick Leave Ordinance and Legal Challenge to Dallas' Law Imminent

In response to the lawsuit filed against the City of San Antonio regarding its paid sick leave ordinance, the City of San Antonio has agreed to postpone implementation of the ordinance until December 1, 2019. A Bexar County judge signed the agreed order on July 24, 2019. Accordingly, employers with San Antonio employees have been given a few months before they must enact paid sick leave policies for San Antonio employees (subject to any decision by the Texas Supreme Court on this issue).

San Antonio May Delay Paid Sick Leave Implementation to December 1; Dallas Remains on Track for August 1 and Issues Rules

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:

Business Groups Sue to Stop San Antonio Paid Sick Leave Ordinance

On Monday, July 15, the Associated Builders & Contractors of South Texas, joined by several other business groups, filed suit against the City of San Antonio seeking to block the implementation of the Paid Sick Leave ordinance set to go into effect, for most businesses, on August 1, 2019. The lawsuit alleges, like the Austin case pending in the Texas Supreme Court, that the ordinance violates the Texas Minimum Wage Act. An injunction hearing is set for July 24, 2019, at 9 a.m. If the court issues the injunction, the San Antonio ordinance will likely be put on hold while this continues to work its way through the courts.

Texas Legislative Roundup: New Laws Impacting Employers

The Texas Legislature’s 86th session adjourned on May 27, 2019, and there is little likelihood that the governor will call a special session. The legislature primarily focused on educational reforms this year. Regarding employment matters, most observers expected the legislature to adopt laws preempting any attempt by municipalities to pass paid sick leave laws. While the legislature failed to pass any such law, they did pass other laws impacting the employer-employee relationship. Below is a list of those new laws.