Battleground Over Complex State and Local Leave Laws

The complexity of paid leave laws opens doors to legal challenges. Which employers are subject to the law? Minnesota. In May, the Minnesota Court of Appeals ruled that the Minneapolis Sick and Safe Time Ordinance does not violate the rights of employers located outside the city, because it allows their employees to accrue leave only during the hours they work in the city, and permits employees to use their leave only on days they are scheduled to work in the city. Will municipalities opt-out of a county ordinance? Illinois. Roughly 80% of municipalities opted out of the Cook County Earned Sick Leave Ordinance which takes effect on July 1, 2019. Fighting back, Cook County placed an advisory initiative on the ballot last November; nearly 90% of voters favored the ordinance, prompting four municipalities to opt back in. When are employers ready for a new law? Massachusetts. The Paid Family and Medical Leave Law implementation was delayed to help employers prepare to withhold contributions beginning Oct. 1 (originally set for July 1). Does a leave law conflict with other state laws? Michigan. The legislature pulled a paid leave law proposal off the ballot and passed a more business-friendly law. Then the Michigan Supreme Court scheduled a hearing for July 17 on whether it should issue an advisory opinion on the legality of the new law. Texas. Austin’s paid sick leave ordinance was halted by an injunction, and its appeal may be months away from a hearing by the Texas Supreme Court. But the Dallas and San Antonio ordinances are not tied up in that legal action; both take effect on Aug. 1, and the 2019 Texas legislature failed to pass a law that would pre-empt municipal leave laws. To learn more about these state and local leave laws, visit the DMEC Legislative Updates blog.

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