PAXTON: Minimum Wage Compensation Is Entrusted Solely to the State Legislature by State Constitution

AG Paxton Intervenes in Lawsuit to Strike Down the City of San Antonios Unlawful Paid Sick Leave Ordinance

AUSTIN Texas (Texas Insider Report) The Texas Legislature established the minimum (wage) amount of compensation for workers and the Texas Constitution prohibits local municipalities from ignoring the Legislatures decision. San Antonio Austin Dallas and other cities cannot be allowed to pass their own laws simply because they dislike state law or disagree with the judgment of the states elected representatives" said Attorney General Ken Paxton.


Attorney General Paxton intervened in a lawsuit earlier this week that had been filed by a dozen business organizations against the City of San Antonio to strike down the citys unlawful sick leave ordinance.

In court papers filed with the Texas State District Court in Bexar County Paxton explained that the minimum wage compensation established for workers including the minimum amount of paid time off is a decision entrusted by the Texas Constitution solely to the state Legislature.

When the Legislature enacted the Texas Minimum Wage Act it intended to set a single uniform policy for the entire state. Nowhere in the Act is there mention of requiring employers to provide paid time off from work.

In a letter to San Antonios city leaders last year Attorney General Paxton cautioned them against circumventing Texas law.

But the City Council passed the sick leave ordinance by a 9-2 vote.

Last year Attorney General Paxton intervened in a lawsuit against the city of Austins unlawful sick leave ordinance. Last November the Court of Appeals for the 3rd District of Texas blocked the ordinance concluding that it violates the Texas Constitution and Texas law. Attorney General Paxton and the city of Austin both asked the Texas Supreme Court to take up the case.

Twelve business organization are suing the city of San Antonio to stop its sick leave rule from taking effect:

  1. Associated Builders & Contractors of South Texas
  2. American Staffing Association
  3. BBM-Online
  4. Burnett Companies Consolidated
  5. Cardinal Senior Care
  6. Choice Staffing
  7. Employers Solutions Inc.
  8. Hawkins Associates Inc.
  9. LeadingEdge Personnel
  10. Staff Force Inc.
  11. San Antonio Manufacturers Association; and the
  12. San Antonio Restaurant Association

The ordinance is scheduled to take effect August 1.

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