Sick Leave Turbulence in Texas Continues

More than a year ago, I posted about the paid sick leave turbulence in the Lone Star State. The turbulence lives on.


Austin, San Antonio and Dallas have enacted PSL ordinances. Cadres of business interests have sued to enjoin each.

It started in Austin. Last November,  a Texas appellate court ruled that the Austin Earned Sick Time Ordinance is unconstitutional because it is preempted by the Texas Minimum Wage Act (TMWA). The City of Austin has asked the Texas Supreme Court to hear an appeal of that decision. The Austin PSL ordinance was to be effective on October 1, 2018 but its implementation has been enjoined pending the outcome of the litigation.

The San Antonio Earned Paid Sick Leave Ordinance was to be effective today, August 1. On July 15, a lawsuit was filed seeking to enjoin implementation of the ordinance. The lawsuit raised a myriad of constitutional claims as well as the TMWA preemption claim. The plaintiffs and defendants have agreed to postpone the ordinance’s implementation date until December 1, 2019.

The Dallas Earned Paid Sick Time Ordinance is also scheduled to be effective today. Two days ago, a cadre of business interests sued to enjoin its implementation.

Meanwhile, the Texas Legislature failed to enact a PSL preemption law this past session, which many had thought would make litigation unnecessary.  As of now, the viability of the three PSL ordinances lie with the judiciary.

More PSL turbulence to come in Texas before it settles down, I suspect.