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Judge Issues Temporary Injunction Blocking Implementation of San Antonio’s Sick and Safety Leave Law

The City of San Antonio’s Sick and Safe Leave ordinance has been enjoined. The ordinance was originally scheduled to go into effect on August 1, 2019, but on July 24, 2019, a Texas state court delayed implementation until December 1, 2019, pending a ruling on a motion for temporary injunction filed by business groups and the state. On November 22, 2019, the judge issued a letter ruling granting the temporary injunction, thereby confirming the ordinance will not take effect on December 1, 2019.

The ruling does not provide the reasoning and analysis underlying the judge’s decision but directs the parties to set a date for a trial on the merits as soon as possible. The plaintiffs argue the ordinance is preempted by the Texas Minimum Wage Act and violates the state constitution, which was essentially the basis for an appeals court’s decision to block Austin’s paid sick leave law a year ago.

So for now, employers do not need to implement policies and procedures to comply with the San Antonio Sick and Safe Leave ordinance.

© 2019, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.

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About this Author

Matthew Johnson, Ogletree Deakins Law Firm, Labor and Employment Attorney
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Matthew K. Johnson is a shareholder in the Greenville office and represents employers in all aspects of employment and labor law before state and federal agencies and in state and federal courts including, among others, matters under the Uniformed Services Employment and Reemployment Rights Act (USERRA), Title VII of the Civil Rights Act of 1964, Section 1981, the Age Discrimination in Employment Act of 1967 (ADEA), the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), the Fair Labor Standards Act (FLSA), and similar federal and state laws....

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Tiffany Cox Stacy Ogletree Deakins, Labor Policy Lawyer,
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Ms. Cox is Board Certified by the Texas Board of Legal Specialization in Labor and Employment Law.  Ms. Cox primarily represents employers in all aspects of employment law, including counseling, training, drafting of policies, procedures, and agreements, and litigation.  Ms. Cox has represented employers before state and federal agencies and has defended employers in lawsuits brought in state and federal courts across the U.S., involving claims of workplace discrimination, harassment, retaliation, whistleblower violations, leave violations, and wage and hour claims arising under state and federal law.  Ms. Cox has also sought enforcement of and defended against enforcement of non-competition, non-solicitation, and non-disclosure agreements, successfully obtaining injunctive and declaratory relief in favor of her clients.

210-277-3613