Updated, Mar. 31, 2020, via Brian Farrington — this news updates an  original article on this topic, from Casey Erick, Aug. 8, 2019.

The US District Court for the Eastern District of Texas has issued a preliminary injunction against the City of Dallas, preventing enforcement of Dallas’ paid sick leave ordinance. The ordinance was effective in August, 2019, but enforcement was delayed until April 1, 2020 for most employers.

In ESI/EMPLOYEE SOLUTIONS, L.P.; HAGAN LAW GROUP L.L.C.; and STATE OF TEXAS v. CITY OF DALLAS, however, the Court followed the lead of Texas’s Third Court of Appeals. See Tex. Ass’n of Bus. v. City of Austin, 565 S.W.3d 425 (Tex. App.—Austin 2018, pet. filed). In the Austin case, the court found that an ordinance virtually identical to the Dallas ordinance violated the Texas Minimum Wage Act (TMWA). The Texas court asserted that the TMWA prevented municipalities from imposing wage standards different from those of the Texas statute and/or the federal Fair Labor Standards Act.

The federal court therefore issued the preliminary injunction against enforcement by the city. While a final determination of the merits of the Plaintiffs’ claim is still to be made, it seems likely that this court, and ultimately the Texas Supreme Court, will rule against the city.

See Also:  Judge Blocks Dallas Employee Sick Leave Ordinance Set to Begin April 1 – CBS DFW report, 3/30/2020.

See original article on this topic, from Casey Erick, Aug. 8, 2019.

By Published On: March 31, 2020Categories: Employment LawTags:


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Brian T. Farrington is a Shareholder and Section Head of the Cowles and Thompson Employment Law section. His practice consists of transactional work and litigation advising and representing management concerning employment law, and particularly in the areas of Fair Labor Standards Act and Equal Employment Opportunity laws. He consults with employers to assist them in compliance and to represent them in investigations by the U.S. Department of Labor, Wage and Hour Division. Brian also advises clients on compliance with state wage and hour laws and represents them in investigations by state Departments of Labor. He also advises on matters related to Texas Workforce Commission unemployment eligibility, government contracts labor standards (Davis Bacon Act, Service Contract Act), OSHA 11(c), and state wage payment laws. Brian has represented clients in litigation under the FLSA, Title VII, the ADEA, and the ADA. Prior to becoming an attorney, Brian spent 12 years working with the US Department of Labor Wage & Hour Division. He has served as an Expert Witness in FLSA employment matters, and is a trained employment-related mediator.