UPDATE: Texas Legislature and Courts Clash With Cities Over Mandatory Sick Leave: What Employers Need to Know

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This is an update to a previous post from June 24, 2019.

Yesterday, Dallas became the last of the three Texas cities to face a legal challenge to its paid sick leave ordinance, which is scheduled to take effect this Thursday, August 1. The lawsuit and request for preliminary injunction were filed by two north Texas businesses in the U.S. District Court for the Eastern District of Texas, and attack Dallas’ ordinance on substantially the same grounds as earlier lawsuits filed to enjoin the enforcement of similar ordinances in San Antonio and Austin. The lawsuit also comes on the heels of an agreement between the City of San Antonio and business plaintiffs in the parallel litigation to postpone the implementation of San Antonio’s sick leave ordinance for four months. The presiding Bexar County judge signed off on that agreement less than a week ago, changing the effective date of San Antonio’s ordinance from August 1, 2019 to December 1, 2019.

While businesses operating in San Antonio can take solace in this short reprieve from the city’s new regulations, Dallas businesses have not been so lucky. Absent swift action by the Eastern District of Texas or a voluntary delay in the ordinance’s implementation by the City of Dallas, Dallas businesses will be required to comply with the sick leave starting on August 1, as scheduled. Additional guidance regarding Dallas’ paid sick leave ordinance, including answers to Frequently Asked Questions, can be found on the city’s website. In addition, our Texas Labor and Employment Group would be happy to answer any specific questions you may have regarding these changes.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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