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:

About the Author: Brian Farrington

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Brian T. Farrington is a Shareholder and Section Head of the Cowles and Thompson Employment Law section.