October 16, 2019

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October 14, 2019

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Austin Paid Sick and Safe Leave Law Preempted by Texas Minimum Wage Act, Third Court of Appeals Holds

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 temporary injunction against the ordinance. The ordinance (which was scheduled to take effect October 1, 2018) was then temporarily blocked by the appeals court in August 2018, to give itself time to issue a ruling on the appeal.

The November 16 ruling ordered the district court to grant a temporary injunction against the ordinance.  Although the court of appeals’ decision requires a temporary injunction (because that was the issue on appeal), the court ordered “further proceedings consistent with [the appeals court’s] opinion” that the ordinance is preempted by state minimum wage law.

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About this Author

Kristin L. Bauer, Jackson Lewis, employment agreements lawyer, non solicitation issues attorney
Principal

Kristin L. Bauer is a Principal in the Dallas, Texas, office of Jackson Lewis P.C. She represents management exclusively in workplace law and related litigation.

In addition to handling an active employment litigation docket, Ms. Bauer counsels management on preventive strategies, including termination decisions, investigations, employment agreements, non-compete and non-solicitation issues, wage and hour laws, policies and handbooks, and other issues affecting the workplace. She also provides advice and counsel to...

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A. Robert Fischer, Principal Office Litigation Manager, Unfair Competition Lawyer, Attorney
Principal and Office Litigation Manager

Rob Fischer is a Principal and the Office Litigation Manager in the Austin, Texas, office of Jackson Lewis P.C. He served for more than a decade as the national co-chair of the firm’s Non-Competes and Protection Against Unfair Competition Practice Group.

A significant part of Mr. Fischer’s practice focuses on drafting, and litigating claims regarding, contracts. That practice includes litigating claims on behalf of employers against former employees (and often their new employers) for breach of non-competition agreements, and also for related claims such as theft of trade secrets, breach of the duty of loyalty, and unfair competition. Mr. Fischer also advises departing employees (and their new employers) regarding contractual and other legal rights and obligations, and defends challenges to their new employment. He has litigated non-compete and trade secrets claims in Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Illinois, Maryland, Massachusetts, Missouri, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Texas and Washington, D.C.

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