AG Paxton Intervenes in Lawsuit Challenging Austins Unlawful Sick Leave Ordinance

Texas Insider Report: AUSTIN Texas Attorney General Ken Paxton today intervened in a lawsuit filed by the National Federation of Independent Business American Staffing Association Leading Edge Personnel Staff Force HT Staffing and Burnett Staffing Specialists against the city of Austins unlawful sick leave ordinance. Austin is the first Texas city to pass such a law. The ordinance is scheduled to take effect on October 1. In court papers filed with the Texas state district court in Travis County Attorney General Paxton explained that the minimum amount of compensation established for workers including the minimum amount of paid time off is a decision entrusted by the Texas Constitution solely to the Texas Legislature. When the Legislature enacted the Texas Minimum Wage Act it intended to set a single uniform policy for the entire state. The policy it set made no mention whatsoever of requiring employers to provide paid time off from work. Whats more the law expressly preempts cities from passing a different law simply because they disagree with the judgment of our states elected representatives.

The Austin City Councils disdain and blatant disregard for the rule of law is an attempt to unlawfully and inappropriately usurp the authority of the state lawmakers chosen by Texas voters and must be stopped Attorney General Paxton said.

Approved by the Austin City Council in February the sick leave ordinance broadly applies to a variety of employers including companies nonprofits individual households churches and charitable foundations. It mandates that small businesses with 15 or fewer employees provide workers with up to six days of paid sick leave per year. All other private employees are required to allow up to 64 hours of paid sick leave. View a copy of the plea in intervention here: https://bit.ly/2HFh3St