Dallas Undeterred, Adds to Paid Sick Leave Turbulence in Texas

Undeterred by an appellate court’s decision that the Austin Earned Sick Time Ordinance  is unconstitutional. Undeterred by the passage in the state Senate of two bills to bar political subdivisions from enacting a PSL ordinance. Undeterred by the failure of PSL supporters to collect sufficient valid signatures to allow Dallas voters to consider a PSL ballot initiative last November. Undeterred, the Dallas City Council yesterday passed an Earned Paid Sick Time Ordinance, adding to the PSL turbulence in Texas.

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While there are serious doubts about whether the ordinance will ever become effective, by its terms it is effective August 1, 2019 for employers with at least five employees (the same effective date as the San Antonio PSL ordinance) and two years later for employers with less than that.

The ordinance has the typical PSL architecture. Employees accrue an hour of PSL for every 30 hours worked to a maximum of 64 hours annually for employers with more than 15 employees and a maximum of 48 hours annually for smaller employees. The ordinance has the provision unique to the Austin and San Antonio ordinances that an employer need not allow an employee to use PSL on more than eight days a year.