Paid Sick Leave Update

Earlier today, State District Judge Sakai in San Antonio, granted our motion for temporary injunction regarding San Antonio’s “Safe and Sick Leave” Ordinance (PSL ordinance). This is great news because the ordinance was set to go into effect on Dec. 1. The Texas Retailers Association (TRA) is pleased Judge Sakai sided with the rule of law in today’s ruling.  By enjoining substantially, the same ordinance declared unconstitutional by the 3rd Court of Appeals, the Court preserves the status quo for employers during this critical time of year. 

Employers of all sizes can now focus on serving their customers instead of shouldering the burden of an unconstitutional ordinance.  Represented by Attorney Roland F. Gonzales, TRA alleges the San Antonio ordinance, not only violates The Texas Minimum Wage Act, but violates provisions of the Texas Labor Code, FLMA, and ADA. 

TRA is encouraged by today’s ruling in San Antonio and hopes the City is encouraged to redirect public resources from taxpayer funded litigation. Congratulations to the TRA team working on this issue (Gary Huddleston and Roland Gonzales), and a huge THANKS goes to the TRA member companies who have helped our efforts fighting against PSL through financial, informational, and resource contributions.

Austin and Dallas PSL Updates:

Austin ordinance: Currently on hold and at the Supreme Court of Texas (SCOTX) level with the court taking briefs on this case until Dec. 4th. We are hopeful the court will decide to take up the case in Jan. or Feb., with a decision in the springtime. If the SCOTX does take up the Austin PSL case, it would send major signal to the San Antonio and Dallas courts to hold on any action until the Supreme court issues a ruling, which would have statewide implications.

Dallas ordinance: Being challenged in Federal District Court, but in effect, but without penalties being enforced until April 1, 2020. Since the ordinance is in effect, TRA recommends companies comply with the provisions. Recently, the Federal District Court denied the City of Dallas’ motion for a new venue, which was a positive sign for retailers. If the SCOTX decides to take up the Austin PSL case, it would send major signal to the San Antonio and Dallas courts to hold on any action until the Supreme court issues a ruling, which would have statewide implications.

TRA will continue to engage on these cases on behalf of Texas retailers and we will provide updates as they become available.

Comments or questions on this issue can be emailed here.

Share this post:

Comments on "Paid Sick Leave Update"

Comments 0-5 of 0

Please login to comment