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Texas Committee Advances Bill to Prevent Municipalities From Enacting Employment Leave Ordinances

In 2018, the city councils in both Austin and San Antonio passed ordinances to require employers to provide paid sick leave to employees. The ordinances have faced legal challenges, including a ruling in November 2018 that the Austin law is unconstitutional due to preemption by the Texas Minimum Wage Act. Neither ordinance has taken effect to date. Now the state senate has taken up the matter.

On February 28, 2019, the Texas State Senate Committee on State Affairs advanced a bill that prevents cities and counties from adopting local ordinances related to employment leave. The bill is now eligible to be taken up by the full senate and is expected to pass when it comes up for consideration. We will provide updates as this issue develops.

Twenty-two other states have banned local governments from passing their own paid leave laws.

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About this Author

Corey Tanner, Employment Attorney, Austin, Texas, Ogletree Deakins
Associate

Corey represents employers of all sizes in state and federal court litigation and administrative proceedings. She routinely provides counsel regarding employment discrimination claims, ethics investigations, leave issues, wage and hour compliance, and disability accommodations. She specializes in human resources and equal opportunity issues in both the private and public sector.

Prior to joining Ogletree, Corey was the Director of Investigations and Policy at the University of Texas at Austin, where she addressed all allegations of employment discrimination and harassment, as well...

512-344-4700
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,

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