Dallas has recently joined the ranks of San Antonio and Austin by becoming the latest Texas city to mandate that employers provide paid sick leave to their employees. With a vote of 10-4 by the city council, the initiative passed. However, looming legal issues may create obstacles for the measure to be implemented.
Requirements Under the Ordinance
According to the ordinance, employers would be required to provide 64 hours or 8 sick days each year for employees. Currently, there is no such requirement in the state.
Concerns Regarding Sick Leave
A Dallas council member who enthusiastically supported the Austin ordinance and four other council members formally requested that the mayor schedule a council vote on the issue back in March 2019. The council member described the problem as a “public health issue.” He also asserted that the measure would provide job security to employees.
The petition drive in July 2018 secured nearly 54,000 signatures in support to put the issue on a citywide ballot. It was only about 900 signatures short of the number necessary to force a referendum in the matter.
Legal Questions Surrounding Ordinance
The city is not certain if the ordinance will stand if challenged by the Texas Legislature or if state courts will ultimately invalidate it. Amid these concerns, the mayor voted against it. Several local, state and national union organizations supported the movement and invested their resources into it.
Similar ordinances in Austin and San Antonio are currently halted due to an injunction issued in August 2018 by the Texas 3rd Court of Appeals after a lawsuit was filed to try to overturn the ordinance in Austin. In that case, the judicial panel held that the ordinance violated the Texas constitution. Justice Jeff Rose explained in the Austin case that the Texas Minimum Wage Act preempts the ordinance and, according to the state constitution, no city ordinance can contain any provision that is not consistent with state legislation. The Texas Attorney General filed a plea, supporting the plaintiffs and arguing that forced, unpaid sick leave was an illegal benefit that employers derived under the minimum wage law.
The attorney who filed the lawsuit for several Texas businesses and business groups claimed that the Dallas initiative would harm employees by getting in the way of them negotiating for their own benefits with their employers. He also said that the Texas appellate courts had already declared similar ordinances unconstitutional.
Additionally, the Texas Senate recently passed two bills that want to bar local governments from forcing businesses to adopt certain employment policies, such as those concerning sick leave.
Legal Assistance for Sick Leave Matters
If you are concerned with your company’s sick leave policy or other benefits, you may wish to seek legal advice regarding your options. While the current legislation and appeals are pending, the issue may not be as clear. However, a knowledgeable Texas employment lawyer can review the specific policies at your company and advise you of your rights.
