Austin’s Paid Sick Leave Act Ruled Unconstitutional

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The Texas Third Court of Appeals has ruled that Austin’s paid sick leave ordinance, which was supposed to go into effect in October, is unconstitutional because it establishes a “wage” and thus is preempted by the Texas Minimum Wage Act.

The Texas Minimum Wage Act prohibits municipalities from enacting laws regulating wages paid by employers who are subject to the Fair Labor Standards Act (FLSA).

A pre-filed law in the Texas House, which convenes Jan. 8, would specifically prohibit cities from passing paid sick leave laws.

San Antonio also has passed a paid sick leave act, set to go into effect next Aug. 1.