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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. While news of this compromise broke on Friday, July 19, the agreement faced challenge by two public interest groups that intervened into the lawsuit and opposed any delay in ordinance’s effective date. Their intervention resulted in further uncertainty and delayed the court’s consideration of the agreed order from an original hearing date of July 22 until July 24. In the end, the court entered the agreed order, and the city has announced its intention to review and refine the ordinance. It is unclear at this time whether the two public interest groups will appeal the entry of the order.

As of this date, no lawsuit has been filed in Dallas and the ruling in San Antonio will not impact the Dallas PSL ordinance, which is still scheduled to take effect on August 1, 2019. The public interest group that played a part in successfully challenging Austin’s PSL ordinance has written a letter to the City of Dallas threatening to sue to delay the implementation of Dallas’s PSL.

Meanwhile, the City of Dallas has published rules regarding its PSL ordinance and a list of frequently asked questions.

© 2020, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Law Review, Volume IX, Number 207


About this Author

Tiffany Cox Stacy Ogletree Deakins, Labor Policy Lawyer,

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...

McBride, Associate, Texas, Ogletree, Employment Law

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 (ADA) and Age Discrimination in Employment Act (ADEA) matters.  James has also defended employers in cases before the National Labor Relations Board related to unfair labor practice charges and union election matters.

James’ experience spans multiple industries with a particular focus on the hospitality industry, private equity firms, and manufacturing companies.  James has defended clients in wage and hour class and collective action lawsuits and in DOL investigations and provides day-to-day advice and counsel on designing and implementing proactive policies to assist national employers in minimizing their risk of liability under all facets of labor and employment laws.   

Prior to attending law school, James spent several years working for a Big Four accounting and professional services firm as a management consultant in their IT advisory practice as well as for two Fortune 500 companies in risk management roles where James was responsible for identifying business risks and providing guidance to proactively reduce the companies’ risks.  These experiences make James a trusted business partner to his clients and allow him to understand the issues unique to each client’s business. 

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,...