On Friday, November 22, 2019, State District Judge Peter Sakai granted a temporary injunction enjoining the City of San Antonio from enforcing the Sick & Safe Leave Ordinance (SSLO), which was due to take effect on December 1, 2019. The City may appeal the injunction to the Texas 4th Court of Appeals located in San Antonio.

The business plaintiffs, in the lawsuit filed in July 2019, asserted the City’s original version of the ordinance provided for “earned paid sick time” in violation of the Texas Minimum Wage Act. The original version of the ordinance was to take effect August 1, 2019; however, the parties negotiated an agreement to delay enforcement of the ordinance until December 1, 2019. In an apparent effort to avoid the plaintiffs’ argument in advance of the December 1 date, the City revised the ordinance and eliminated references to “earned paid sick time.” Instead, the City described the leave as “sick and safe leave” and characterized it as a fringe benefit and not a wage or salary component. However, the City’s amendments to the ordinance did not prevent Judge Sakai from enjoining its enforcement.

As has been previously reported, an appeal regarding the Austin paid sick leave ordinance is pending before the Texas Supreme Court. The Supreme Court’s decision in the Austin ordinance case will provide guidance relating to similar matters. To date, the only paid sick leave ordinance in effect is the Dallas Paid Sick Leave Ordinance.