News & Analysis as of

Preemption Paid Time Off (PTO)

Littler

Court Finds Texas Minimum Wage Law Preempts San Antonio Paid Sick Leave Ordinance

Littler on

On March 10, 2021, the Texas Fourth Court of Appeals upheld a preliminary injunction preventing San Antonio’s amended Sick and Safe Leave Benefits ordinance from taking effect since December 2019. In its decision, the...more

Epstein Becker & Green

New York State’s Paid Sick Leave Law Preempts Westchester County’s Earned Sick Leave Law

The Westchester County Human Rights Commission (the “Commission”) has announced that the county’s Earned Sick Leave Law, which went into effect on April 10, 2019, has been preempted by New York’s Paid Sick Leave Law (“Law” or...more

Littler

Silence From On High: The Uncertain Future of Texas Paid Sick Leave Ordinances

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On June 5, 2020, the Texas Supreme Court refused to review a case that could have decided whether municipal paid sick leave ordinances in Texas were lawful. Specifically, it denied a petition from the City of Austin to review...more

Cozen O'Connor

Dallas Paid Sick Leave Ordinance Struck Down by Federal Court

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A Dallas federal court has issued a preliminary injunction stopping the enforcement of the ordinance enacted by the City of Dallas last year that would have required many Dallas employers to provide paid sick leave to their...more

Seyfarth Shaw LLP

If Pain, Yes Gain—Part 79: Will the PSL Bug Infect New York State in 2020?

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Seyfarth Synopsis: During his 2020 State of the State remarks, Governor Andrew Cuomo announced a statewide paid sick leave (“PSL”) proposal as part of his agenda in support of New York employees. If successful, New York would...more

FordHarrison

U.S. District Court Rules in Favor of Airline Flight Crew Employees on Paid Sick Leave Challenge

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On October 11, 2019, a federal judge for the U.S. District Court for the Western District of Washington ruled that Washington state’s paid sick leave law does not violate the Constitution or federal preemption law, thereby...more

Littler

Texas Paid Sick Leave Question of the Hour: What do Employers do Now?

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Just when Texas employers were about to breathe a sigh of relief, believing a reprieve from mandatory compliance with three separate municipal paid sick leave ordinances was on its way, the Texas Legislature failed to pass a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Paid Sick Leave in San Antonio and Dallas: Answers to Your Frequently Asked Questions

Despite broad-based support, the Texas Legislature failed to pass a law preempting the type of paid sick leave ordinances enacted in Austin, San Antonio, and most recently Dallas before the end of its regular session on May...more

Seyfarth Shaw LLP

If Pain (or Anything Else), Yes Gain—Part 65: Maine Becomes First State to Enact Paid Time Off Law

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Seyfarth Synopsis: Earlier this week, Maine became the first state to enact a mandatory paid time off law. The law, known as the Earned Employee Leave Act, requires employers to allow employees to use earned paid leave for...more

Seyfarth Shaw LLP

If Pain, Yes Gain—Part 66: Texas Legislative Session Ends Without Statewide Sick Leave Preemption; San Antonio and Dallas Mandates...

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Seyfarth Synopsis: Despite gubernatorial support, passing through the state Senate, and being reported favorably out of Committee in the House, multiple bills that likely would have preempted local sick leave ordinances in...more

Foley & Lardner LLP

Court Strikes Down Austin’s Paid Sick Leave Ordinance

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Earlier this year, the city of Austin became the first Texas city to join the growing number of localities throughout the nation passing legislation requiring employers to provide paid sick leave to their employees. ...more

Littler

Texas Two-Step: San Antonio Joins Austin in Mandating Paid Sick and Safe Leave; Then Court Enjoins Austin Law from Taking Effect...

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On August 16, 2018, the San Antonio City Council adopted a paid sick and safe leave ordinance which, aside from minor linguistic differences, is identical to the ordinance passed earlier this year in Austin. ...more

Akin Gump Strauss Hauer & Feld LLP

En Banc 9th Circuit: No Arbitration of State Claims by Unionized Employees, Unless Collective Bargaining Agreement Must Be...

• To compel a union employee’s state law claim into arbitration based on RLA or LMRA preemption, an employer must prove that (1) the CBA is the “only source” of the right that the employee asserts and (2) litigating the state...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Jersey Paid Sick Leave Bill Signed Into Law

On May 2, 2018, New Jersey Governor Phil Murphy signed into law a bill that requires New Jersey employers to provide their employees with paid sick leave. Once enacted, New Jersey will join nine other states and the District...more

Polsinelli

Airlines Association Files Another Lawsuit Challenging Massachusetts Paid Sick Leave Law

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On April 4, 2018, Airlines for America, a trade association and lobbyist organization for U.S. airlines, filed a lawsuit in federal court in Massachusetts against the Massachusetts Attorney General challenging the state’s...more

Ballard Spahr LLP

Paid Sick Leave Under Maryland Healthy Working Families Act Goes Into Effect

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The Maryland Healthy Working Families Act requires certain Maryland employers to offer paid sick leave to their employees. It took effect on February 11, 2018— 30 days after the legislature overrode Governor Larry Hogan's...more

Littler

WPI State of the States: State Legislatures are Back in Business

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The majority of state legislatures are back in session, wasting no time considering new labor and employment measures. More than 600 state and local bills governing workplace issues were introduced or actively evaluated in...more

FordHarrison

Maryland's Healthy Working Families Act Requires Employers in the State to Provide Sick/Safe Leave

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On January 12, 2018, the Maryland Legislature overrode Governor Hogan’s 2017 veto of the Maryland Healthy Working Families Act (the “Act”). As a result, Maryland employers with 15 or more employees are now required to provide...more

Seyfarth Shaw LLP

If Pain, Yes Gain—Part XLII: Maryland Becomes Ninth State To Enact Paid Sick Leave Law

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Seyfarth Synopsis: Following successful votes by the Maryland Senate and House of Delegates to override Governor Larry Hogan’s veto of a 2017 paid sick leave bill, on January 12, 2018 Maryland became the ninth state in the...more

Littler

WPI State of the States: A Busy December Signals a Wild 2018 for Employers

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Despite the holiday break in most statehouses and city halls, legislators were quite productive in December. More than 40 employment-related bills were introduced or advanced last month, across nearly 20 states and...more

Ballard Spahr LLP

Congress Tackles Federal Paid Leave with Flexible Work Standards Bill

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U.S. Representative Mimi Walters (R-CA) last week introduced bill H.R. 4219, "Workflex in the 21st Century Act," which, if passed, will create a voluntary program through which employers can opt to offer employees a...more

Littler

WPI State of the States — Legislative Proposals Are Taking Root

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As April showers turn into May flowers, measures proposed earlier this year in the state legislatures begin to take root. Significantly fewer generally applicable labor and employment bills were introduced in April, around 60...more

Littler

WPI State of the States: Legislatures Saw a Flurry of Activity in February

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Statehouses across the country continue to propose legislation at a frenzied pace. In February, as in January, more than 500 bills concerning labor and employment issues were either introduced or addressed in some fashion....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Employment Law Authority - May/June 2016

The minimum salary threshold to qualify for the executive, administrative, and professional exemptions to the Fair Labor Standards Act (FLSA) will more than double on December 1, 2016, from $23,660 per year to $47,476 per...more

Littler

Key Legislation Emerging from the 2016 Maryland General Assembly Session and Local Ordinances to Remember

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Maryland's 2016 General Assembly session has now adjourned. Maryland employers should be aware of the following new laws resulting from this legislative term:  (1) Equal Pay for Equal Work; (2) Equal Pay Commission; (3)...more

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