The Austin Earned Sick Time Ordinance is unconstitutional because it is preempted by the Texas Minimum Wage Act (TMWA), the Texas Court of Appeals, Third District, ruled on Friday.
The Texas Legislature convenes in January 2019. It is widely anticipated that the legislature will consider a bill to prohibit political subdivisions from enacting a leave law. If enacted, such a law would likely negate both the Austin and San Antonio ordinances.
Austin passed its PSL ordinance in February, the first PSL law in the South. Last month, PSL advocates in San Antonio submitted signatures to support their effort to have voters decide in November whether to enact a PSL ordinance.
The Westchester County Board of Legislators is considering a paid sick leave (PSL) bill that is substantially similar to the bill introduced but not passed last year. The proposed Earned Sick Leave Law has the typical PSL architecture.
On Feb. 16, the Austin City Council passed a paid sick leave ordinance, the first jurisdiction in the South to ever do so. It is effective Oct. 1, 2018 for employers with more than five employees. For smaller employers, it is effective Oct. 1, 2020.