The end of 2019 brought more nuances, but also resolutions to paid sick leave (PSL) state and local laws. For instance, challenges to the Michigan PSL law and Alabama preemption law were resolved, but the PSL turbulence in Texas continues as we await a decision from the Texas Supreme Court on whether it will wade into the PSL controversy.
On Dec. 18, 2019, the Michigan Supreme Court said no, it would not issue an advisory opinion on the legality of the recently enacted state PSL law.
On Dec. 13, 2019, the 11th Circuit Court of Appeals, in an en banc decision, rejected the challenge to Alabama’s minimum wage and employment benefits preemption law.
The paid sick leave (PSL) turbulence in Texas garnered most of the PSL headlines in the third quarter. How that turbulence ends will determine the fate of PSL ordinances in Austin, Dallas, and San Antonio.
Bernalillo County Commissioners in New Mexico approved an “any reason” leave law by a narrow margin on Aug. 20, 2019.
The Supreme Court of Pennsylvania held recently that the City of Pittsburgh had authority to enact the Paid Sick Days Act.
In Texas, there continues to be controversy and debate around paid sick leave laws in San Antonio, Dallas, and Austin.
The Pennsylvania Supreme Court upheld the Pittsburgh Paid Sick Days Act (PSDA) in a decision today, overturning two lower court decisions that found the Act was invalid as an impermissible business regulation.
The vast and complex patchwork of PSL laws expanded in the 2nd quarter of 2019. The most notable development was the addition of two laws with PSL architecture but which allow paid leave to be used for any reason, not merely for sick leave.
By Aug. 1, 2019, most employers with employees working at least 80 hours a year in Dallas or San Antonio should be prepared to comply with paid sick leave ordinances.
While Maine may have been the first state to pass a paid “any reason” leave law, Nevada was a close second. On June 12, Nevada Governor, Steve Sisolak, signed a bill requiring private sector employers with at least 50 employees to allow employees to accrue paid leave which may be used for any reason.
The Minneapolis Sick and Safe Time Ordinance can be enforced against businesses not physically located in the city but who have employees who work at least eight (80) hours in a year within the geographic boundaries of the city, according to a state appellate court decision last week.
Over the next several months, the fate of local paid sick leave laws may well be decided by the Texas legislature.
The Michigan Supreme Court will wade into the clash involving the constitutionality of the state’s Paid Medical Leave Act, at least to decide whether to consider the substance of that clash.
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The Michigan Paid Medical Leave Act requires employers in Michigan to provide their employees with accrued paid medical leave to use for their own or their family members’ medical needs and for purposes related to domestic violence and sexual assault. The new law will become effective in March 2019.
On Dec. 13, Michigan GOP Governor Rick Snyder signed into law the bill amending the recently enacted Paid Sick Leave (PSL) law, putting the finishing touch on a two-step political strategy to have the legislature craft a PSL bill rather than have voters consider a bill crafted by PSL advocates.
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.