Saturday, July 13, 2019

#TXLEGE: (Because of Dade Phelan) San Antonio employers forced to sue city

"For a righteous man may fall seven times
And rise again,
But the wicked shall fall by calamity."
Proverbs 24:16

Given where we're at, this was unavoidable:
The City of San Antonio may face a lawsuit over its upcoming Paid Sick Leave ordinance.

The ordinance takes effect on August 1. It was a citizen driven petition allowed under the city charter and was required to be approved by the San Antonio City Council, which it did last year.

It requires San Antonio businesses to provide one hour of paid sick leave for every 30 hours worked by an employee. The requirements of how much time can be accrued vary based on business size.

It’s been met with push back from businesses owners and now a lawsuit may be on the table.
[Note: This author has no specific knowledge, but logic suggests a similar lawsuit will soon be filed in Dallas.]


There's a strong legal case to make against so-called municipal "sick leave" ordinances.  So-called municipal "sick leave" ordinances clearly conflict with the Texas minimum wage act.  Nevertheless, lawsuits cost money and take time.  They're inherently uncertain.

Of course, had the legislature passed the preemption bills, this wouldn't matter.

As we recently wrote:
On April 11, the Texas Senate passed SB’s 2485-88 to pre-empt sick leave ordinances along with other local wage and benefit mandates. Yet these bills died in the Texas House.

In an effort to appease frivolous objections from left-wing interest groups, House State Affairs Committee chairman Dade Phelan, a Republican, slow-walked them past the point of relevance.


Meanwhile, employers in San Antonio are at the mercy of the courts.


And completely preventable.

Bottom Line: Unless something changes, these so-called municipal "sick leave" ordinances are going to haunt Texas for a long time.

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.