San Antonio Approves New Paid Sick Leave Ordinance Effective December 1, 2019

Executive Summary: As we have mentioned in our previous Legal Alert, the effective date of San Antonio’s paid sick leave ordinance was delayed until December 1, 2019, by agreement after a lawsuit was filed against the city. At the time, the city indicated that one of the reasons for this agreed delay was so that the city could revise the ordinance. Continue reading

San Antonio Postpones Its Paid Sick Leave Ordinance and Legal Challenge to Dallas’ Ordinance Imminent

In response to the lawsuit filed against the City of San Antonio regarding its paid sick leave ordinance, the City of San Antonio has agreed to postpone implementation of the ordinance until December 1, 2019. A Bexar County judge signed the agreed order on July 24, 2019. Accordingly, employers with San Antonio employees have been given a few months before they must enact paid sick leave policies for San Antonio employees (subject to any decision by the Texas Supreme Court on this issue). Continue reading

Austin’s Third Court of Appeals Holds Austin’s Paid Sick Leave Ordinance Unconstitutional

Austin’s paid sick leave ordinance, which was supposed to go into effect this past October, has been held unconstitutional by the Third Court of Appeals in Austin. The court of appeals held that the ordinance establishes a “wage” and, as such, it is preempted by Texas Minimum Wage Act. The Texas Minimum Wage Act specifically precludes municipalities from regulating the wages paid by employers who are subject to the Fair Labor Standards Act (FLSA) and specifically provides that the Texas Minimum Wage Act supersedes a “wage” established in an ordinance governing wages in private employment. The court of appeals remanded the case back to the district court, instructing the lower court to grant the State’s application for temporary injunction and for further proceedings consistent with its ruling. Continue reading

The Fate of the DOL’s 80-20 Rule: Will the 80-20 Rule Survive?

Douglas, Jeff - 300dpi
Jeffrey Douglas

The U.S. Department of Labor’s (“DOL”) “80/20 Rule” has caused significant anxiety and concern for employers in the restaurant industry and other industries with tipped employees.  A recent spate of nation-wide class action litigation is leading to record-setting settlements for restaurant employers.  However, in a recent lawsuit filed in the Western District of Texas, Restaurant Law Center, et al. v. United States Department of Labor, 18-cv-567 (W.D.Tex.), national and local restaurant groups hope to bring an end to this wave of litigation by seeking to invalidate the 80/20 Rule. Continue reading