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Paid Sick Leave Developments in Texas

BY: APA Staff | 12/06/18

On November 12, House Bill 222 was introduced in Texas that would, if enacted, prohibit municipalities in the state (including cities) from passing their own laws governing paid sick leave (PSL). If passed by both houses of the Texas state legislature and signed by the governor, the law would take effect on September 1, 2019.

Earlier this year, a Texas Court of Appeals entered an order preventing Austin’s PSL ordinance from taking effect on October 1, 2018. On November 16, the Texas Court of Appeals held that Austin’s PSL law violates the state constitution because it is preempted, or overridden, by state minimum wage law (the Texas Minimum Wage Act) [Texas Association of Business v. City of Austin, No. 03-18-00445-CV (Texas App. 3rd Dist., 11-16-18)].

The Texas Attorney General has issued a statement in support of the ruling. The San Antonio PSL ordinance is similar to the ordinance that was passed in Austin. While the San Antonio ordinance is scheduled to take effect for most employers on August 1, 2019, it may not do so because of the recent ruling.

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