A San Antonio ordinance that would provide covered employees with paid sick leave violates the Texas Constitution, according to a state appeals court.
The state of Texas and several business groups sued San Antonio officials to prevent the ordinance from taking effect. They argued that paid sick leave is a wage, and thus, the Texas Minimum Wage Act (TMWA) pre-empts the city's ordinance. The TMWA states that "the minimum wage provided by [the act] supersedes a wage established in an ordinance ... governing wages in private employment."
On March 10, the state appeals court upheld a temporary injunction blocking the ordinance from taking effect.
We've gathered news on paid-sick-leave laws from SHRM Online and other trusted media outlets.
Ordinance Blocked
San Antonio's paid-sick-leave ordinance would require employers to provide employees with one hour of paid sick leave for every 30 hours they work. The San Antonio City Council passed the ordinance in October 2019, but a trial judge granted a temporary injunction blocking it from taking effect. A coalition of businesses filed a lawsuit arguing that the ordinance is an unconstitutional violation of the TMWA.
(KSAT)
Establishing a Minimum Wage
The state appeals court in San Antonio said the TMWA supersedes local wage mandates. The TMWA doesn't define "wage," but the ordinary meaning is that a "wage is a payment to a person for services rendered," the appeals court said. "Because the ordinance's paid sick and safe leave provision establishes a minimum wage, which is inconsistent with the TMWA, and thus violates the Texas Constitution, we affirm the trial court's order," wrote Justice Patricia O. Alvarez.
Austin and Dallas Ordinances Blocked
Austin and Dallas passed similar paid-sick-leave laws, which also faced legal challenges. Austin's ordinance would have required most businesses to allow employees to accrue 64 hours of paid sick leave a year. A state appeals court in Austin deemed the ordinance unconstitutional under the TMWA, and the Texas Supreme Court declined to hear an appeal. Additionally, the U.S. District Court for the Eastern District of Texas granted a preliminary injunction blocking the Dallas ordinance. The federal judge said the local mandate conflicts with Texas law.
(The Texas Tribune) and (SHRM Online)
Paid-Sick-Leave Trend Continues at State and Local Level
At least 13 states have passed paid-sick-leave laws and some states have enacted emergency paid-leave laws in response to the COVID-19 pandemic (though some laws have expired). Some cities in California and elsewhere have also passed supplemental leave ordinances. Employers should periodically check to see if state and local COVID-19-related paid-leave laws have been extended beyond their original end date.
(National Conference of State Legislatures)
Paid-Time-Off Resources
With tough competition for talent, progressive company leaders are rethinking how to attract and keep employees happy. Offering an assortment of paid leave benefits can help employees balance work and life and come back to the job revitalized. Visit SHRM's resource center to discover ways to offer this popular benefit to employees.
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