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San Antonio, Texas Paid Sick Leave Law Put on Hold Pending Legal Challenge

Implementation of the City of San Antonio’s paid sick leave ordinance has been delayed pending a legal challenge, less than two weeks before the ordinance’s scheduled effective date of August 1, 2019.

On July 15, 2019, the Texas Attorney General and about a dozen business groups filed suit against the City, alleging that the paid sick leave ordinance is unconstitutional because it is preempted by the Texas Minimum Wage Act.  In connection with the suit, the groups sought a temporary injunction to stop the ordinance from taking effect as scheduled.

In response, the parties entered into an order agreeing to stay the implementation of the law until December 1, 2019.  The order states that the stay is intended to allow the City’s Paid Sick Leave Commission to “confer with stakeholders, study the [paid sick leave] Ordinance, and recommend to the mayor and City Council revisions to the [paid sick leave] Ordinance.”

This is the second time that the Texas Attorney General has succeeded in delaying implementation of a local sick leave law in the state, having intervened in a similar lawsuit challenging the constitutionality of the city of Austin’s paid sick leave ordinance.  As we previously reported, the Austin ordinance has been stayed since November 2018, pending a decision from the Texas Supreme Court on the constitutionality of the law.  As for the state’s third local paid sick leave law, as of now, the Dallas paid sick leave ordinance is not facing a similar legal challenge and is still slated to take effect on August 1, 2019 as scheduled.

© 2019 Proskauer Rose LLP.


About this Author

Evandro Gigante, Labor Attorney, Proskauer Rose Law FIrm
Senior Counsel

Evandro Gigante is a Senior Counsel in the Labor & Employment Law Department. He represents and counsels clients through a variety of labor and employment matters, including allegations of race, gender, national origin, disability and religious discrimination, sexual harassment, wrongful discharge, defamation, and breach of contract. Evandro also counsels employers in connection with reductions in force and wage-and-hour issues, and advises clients on restrictive covenant issues, including, for example, confidentiality, non-compete, and non-solicit agreements. 

Laura M. Fant, Labor & Employment Attorney, Proskauer Law Firm

Laura M. Fant is an Associate in the Labor & Employment Department, resident in the New York office. She is a member of the Accessibility and Accommodations Practice Group, and frequently counsels on matters involving the Americans with Disabilities Act (ADA) and state public accommodation law, as well as disability accommodation in the workplace. She has experience conducting accessibility audits and providing ADA and accessibility training for clients in a variety of sectors, including retail, sports, and not-for-profit. Her practice also focuses on wage and hour and class and collective action litigation, and she is a frequent contributor to the Proskauer on Class and Collective Actions blog.

Arielle Kobetz, Proskauer Law Firm, Labor and Employment Attorney

Arielle Kobetz is an associate in the Labor & Employment Law Department. She assists employers in a wide range of areas, including discrimination, wage and hour, and traditional labor.

Prior to joining Proskauer, Arielle served as a law clerk at the New York City Human Resources Administration, Employment Law Unit, where she worked on a variety of employment discrimination and internal employee disciplinary issues.