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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:

San Antonio

As is now being reported, the City of San Antonio has agreed to delay implementation of its paid sick and safe leave ordinance until December 1, 2019. The ordinance was originally scheduled to go into effect on August 1 for most employers. On Monday, July 15, a business coalition initiated an action in Bexar County to challenge the San Antonio ordinance, arguing that it is unconstitutional. The Texas Attorney General filed a petition in intervention in the action on July 19, siding with the business coalition (the Texas Civil Rights Project filed a petition in intervention on July 18 representing several stakeholders, including the Texas Organizing Project Education Fund). The city via Deputy City Attorney Ed Guzman announced that it had submitted an agreed order in the lawsuit to delay implementation until December 1, noting “This additional time will allow us to continue working with the paid sick leave commission, committees and our stakeholders to refine the ordinance.” A hearing is scheduled for Wednesday, July 24, at which time the court will decide, among other things, whether to allow the delayed implementation date.

Austin

As previously reported, a (thus far) successful challenge to Austin’s paid sick and safe leave law ordinance is still pending and may be addressed by the Texas Supreme Court in the coming months. On November 16, 2018, the Austin Third Court of Appeals declared the Austin ordinance to be unconstitutional and ordered the district court to grant a temporary injunction against the Austin ordinance.

Dallas

Despite the uncertain future of these laws, the City of Dallas has published rules for implementation of its paid sick and safe leave law and remains on track to implement its ordinance as scheduled on August 1, 2019 (for most employers). You can find more information about the Dallas ordinance here.

We thank our summer clerk Logan Collier Adams, in our Dallas office, for his assistance.

Jackson Lewis P.C. © 2019

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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...

(214) 520-2400
Katrin Schatz, Employment Attorney, Litigation, Arbitration, Jackson Lewis Law Firm
Principal

Katrin Schatz represents management in all major areas of labor and employment law.  In her more than 13 years of practice, Ms. Schatz has defended employers nationwide in court, arbitrations and administrative proceedings in a broad range of employment matters, including class, collective and multi-plaintiff actions.  She has handled cases involving claims of age, race, disability and gender discrimination, wrongful discharge, whistleblower retaliation, wage and hour and ERISA violations, as well as disputes arising out of covenants not to compete, corporate trade secrets, officer and director fiduciary duties and executive employment contracts.  She also represents clients in connection with claims under the public accommodations provisions of the ADA. 

972-728-3266
Julie Farmer, Jackson Lewis Law Firm, Employment Matters Attorney
Associate

Julie A. Farmer is an Associate in the Dallas office of Jackson Lewis P.C. She represents management in employment matters in state and federal court and before the Equal Employment Opportunity Commission.

While attending law school, Ms. Farmer served as Comment Editor for the Texas Tech Law Review.

214-520-2400