October 19, 2019

October 18, 2019

Subscribe to Latest Legal News and Analysis

October 17, 2019

Subscribe to Latest Legal News and Analysis

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. Unlike previous challenges to Austin’s and San Antonio’s ordinances, the Dallas lawsuit challenges the ordinance on the basis that it violates the freedom of association under the First and Fourteenth Amendments to the U.S. Constitution.

It is unlikely that the court will issue a ruling on the motion for preliminary injunction prior to the ordinance’s August 1 effective date. It also appears unlikely that the City of Dallas will agree to delay the ordinance. Dallas employers may want to weigh the risk of delaying the implementation of paid sick leave until after the court issues a ruling, especially in light of the city’s guidance that it will not assess penalties until April 1, 2020 (except for complaints of retaliation).

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

TRENDING LEGAL ANALYSIS


About this Author

McBride, Associate, Texas, Ogletree, Employment Law
Associate

James T. McBride advises and represents companies in a broad range of labor and employment matters including wage and hour class and collective cases, discrimination, harassment, and leave of absence and accommodation matters.  James has appeared before courts in wage and hour matters, discrimination and harassment cases, as well as non-competition and breach of fiduciary disputes and before the Equal Employment Opportunity Commission (EEOC) in a wide variety of matters, including discrimination, retaliation and additional issues under the American with Disabilities Act...

214-987-3800
Lawrence D. Smith, Ogletree Deakins, equal employment opportunity lawyer, unfair labor practices attorney
Office Managing Shareholder

Mr. Smith’s practice at Ogletree Deakins primarily involves the defense of employers in labor and employment related litigation before state and federal courts and administrative agencies. Mr. Smith represents employers in claims involving equal employment opportunity law, unfair labor practices, wage and hour issues, unemployment compensation, wrongful discharge, state law tort and contract claims, occupational safety and health matters as well as class action litigation under the Fair Labor Standards Act. Mr. Smith has tried cases involving claims of sex, race, national origin, age and same-sex discrimination, retaliation, workers compensation retaliation, disability discrimination under both the Americans with Disabilities Act and the Rehabilitation Act of 1973, invasion of privacy, intentional infliction of emotional distress claims and covenants not to compete. Mr. Smith actively counsels clients on a wide range of daily employment issues including discharge, discipline,

210-277-3620
Tiffany Cox Stacy Ogletree Deakins, Labor Policy Lawyer,
Shareholder

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...

210-277-3613