Search the News Archive

What Employers Need to Know About the Revised San Antonio Paid Sick Leave Ordinance

"Because the San Antonio ordinance has changed, employers need to revisit any policies they created in preparation for the August 1, 2019 effective date of the old ordinance. And employers with employees in Dallas and San Antonio need to decide whether a single policy covering employees in both cities still makes sense. The Dallas and San Antonio paid sick leave ordinances were nearly identical prior to the San Antonio ordinance revisions. This is no longer the case. The changes to the San Antonio paid sick and safe leave ordinance are significant."

New San Antonio Ordinance Headlines Heatwave of Texas PSL Developments

"On October 3, 2019, the San Antonio City Council adopted an amended PSL ordinance, now known as the Sick and Safe Leave Ordinance (SSLO). Despite a number of key differences between the SSLO and San Antonio's original paid sick leave ordinance, the new mandate similarly faces an uphill battle with ongoing local and statewide efforts to zap the Texas PSL bug. For the time being, the SSLO goes into effect on December 1, 2019 for all San Antonio employers."

San Antonio Temporarily Suspends Paid Sick Leave Law Amid Legal Challenge from Business Groups

"San Antonio has agreed to delay implementation until December 1, 2019. The stay will allow time for guidance from the Texas Supreme Court on the law’s constitutionality. In the meantime, San Antonio’s Paid Sick Leave Commission has agreed to work with business stakeholders to recommend changes in the ordinance to the San Antonio City Council."

Texas Appellate Court Affirms Temporary Injunction Barring San Antonio's Paid Sick Leave Ordinance

"This recent ruling means that San Antonio's PSL Ordinance is now in the same boat as other PSL ordinances passed in the Lone Star State (Dallas and Austin)." [Washington v. Associated Builders & Contractors of South Texas Inc., No. 04-20-00004-CV (Tex. 4th Ct. App. Mar. 10, 2021)]

Court Finds Texas Minimum Wage Law Preempts San Antonio Paid Sick Leave Ordinance

"[T]wo Texas appellate courts have now ruled that municipal ordinances requiring private employers to provide sick and safe leave benefits are unconstitutional ... The Texas Supreme Court refused last year to review the decision ... regarding the Austin ordinance, suggesting that it is unlikely the high court would hear an appeal filed by San Antonio now." [Washington v. Associated Builders & Contractors of South Texas Inc., No. 04-20-00004-CV (Tex. 4th Ct. App. Mar. 10, 2021)]

Judge Issues Temporary Injunction Blocking Implementation of San Antonio's Sick and Safety Leave Law

"On November 22, 2019, the judge issued a letter ruling granting the temporary injunction, thereby confirming the ordinance will not take effect on December 1, 2019. The ruling does not provide the reasoning and analysis underlying the judge’s decision but directs the parties to set a date for a trial on the merits as soon as possible." [Associated Builders & Contractors of South Texas, Inc. v. City of San Antonio, No. 2019-CI-13921 (Tex. 225th Dist. Ct. Nov. 22, 2019)]

Texas Paid Sick Leave Update: San Antonio, Dallas, Austin

"Dallas remains the only city in Texas to have a paid sick and safe leave law in effect, although that too could change any day as a result of a legal challenge pending in federal court in the Eastern District of Texas. City of Dallas has deferred enforcement of the ordinance, other than for claims of retaliation, until April 1, 2020. The Texas Supreme Court likely will address the legality of the Austin ordinance in early 2020. Any action by the Texas Supreme Court in that case will have implications for the Dallas and San Antonio ordinances."

Court Blocks San Antonio Paid Sick Leave Law

"Mere days before San Antonio's Sick and Safe Leave ordinance was set to go into effect, the law was once again put on hold.... Bexar County Judge Peter Sakai temporarily delayed the start of the paid leave ordinance, which was set to take effect on December 1." [Assoc. Builders & Contractors of South Texas, Inc. v. City of San Antonio, No. 2019CI13921 (Bexar Cty. Tex. Nov. 22, 2019)]

San Antonio, Texas Approves Revisions to Paid Sick and Safe Leave Ordinance

"Updates under the revised ordinance include ... [1] Any individual who performs work for pay within the City of San Antonio for a covered employer is eligible to accrue sick and safe leave, unless otherwise exempted under the law.... [2] A modified accrual schedule for sick and safe leave will apply across all businesses, regardless of size.... [3] An employer may not request medical documentation or other verification of the use of paid sick or safe leave under the ordinance until an employee's fourth consecutive day of using leave.... [4] While the ordinance is now slated to take effect on December 1, 2019, penalties will not be assessed until April 1, 2020 except in cases of retaliation against an employee."

San Antonio Delays Paid Sick Leave Ordinance; Dallas Ordinance Begins August 1

"On Wednesday, July 24, 2019, approximately one week before San Antonio's paid sick leave ordinance was scheduled to go into effect for most employers, a Texas state court stayed implementation of the city's paid sick leave ordinance until at least December 1, 2019. In the meantime, the Dallas paid sick leave ordinance remains scheduled to go into effect on August 1, 2019 for most employers."

Despite New Effort to Zap the Local Texas Sick Leave Bug, Dallas and San Antonio Take Steps to Enforce Looming Ordinances

"On [July 15], a lawsuit seeking an injunction of the San Antonio Paid Sick Leave Ordinance's August 1, 2019 effective date was filed in a Bexar County District Court.... Despite this lawsuit and the appeal of the Austin ruling pending before the Texas Supreme Court, San Antonio and Dallas enforcement agencies appear ready to proceed with their respective ordinances as of August 1, 2019, as both have released model posters and administrative guidance as recently as this week."

Coming August 1: Dallas and San Antonio Implement Paid Sick Leave Ordinances

"The Dallas and San Antonio ordinances are quite similar.... Employers must permit eligible employees to accrue paid sick leave at a rate of one hour per every thirty hours worked. Eligible employees are any employees who have performed at least eighty hours of work for pay in a year for an employer within Dallas or San Antonio, including work performed through a temporary or employment agency. Employers with sixteen or more employees may cap the accrual of paid sick leave at sixty-four hours per year."

San Antonio Issues FAQs Regarding Paid Sick Leave Ordinance

"San Antonio has recently created a FAQ document about its ordinance.... The city's Metropolitan Health District will not be assessing penalties for violations, except in cases of retaliation, until April 1, 2020. From August 1, 2019 until April 1, 2020, the District will be focusing on educational compliance."

Paid Sick Leave in Dallas and San Antonio Takes Effect on August 1

"Although the Dallas and San Antonio ordinances have minor differences, their similar requirements include: [1] Employers with more than five employees must provide paid sick leave effective August 1, 2019. [2] Employers with five or fewer employees must provide paid sick leave but the effective date is August 1, 2021. [3] Full- and part-time employees are eligible if they work 80 hours a year within the respective city limits. [4] Employees accrue one hour of paid sick time for every 30 hours worked inside the city limits."

Paid Sick Leave in San Antonio and Dallas Survives the Texas Legislature

"[T]he Texas Legislature recently wrapped up its legislative session without passing a law curtailing city-specific paid sick leave laws -- and the Legislature will not meet again until 2021. In the meantime, Dallas' and San Antonio's paid sick leave laws are scheduled to go into effect on August 1, 2019. (Austin's ordinance is stayed pending an appeal to the Texas Supreme Court.) ... [U]nless the Texas Supreme Court rules that the laws are unconstitutional, employers in Dallas and San Antonio should begin preparing to comply with the paid sick leave requirements."

Paid Sick Leave in San Antonio and Dallas: Answers to Employer Questions

"What are an employer's obligations under the new paid sick leave ordinances? ... Are there any major differences between the Dallas ordinance and the San Antonio ordinance? ... Do the ordinances require paid sick leave for part-time employees? ... If a company is not located in the city of San Antonio or the city of Dallas, but some of its employees work in either or both cities, does the company need to comply with the ordinances?.... What type of notice must employees give when using paid sick leave? ... Is there a grace period for compliance?"

San Antonio Enacts Paid Sick Leave Law: Will It Live to Go Into Effect?

"The Ordinance will require paid sick leave for all employees who work at least 80 hours per year within the City of San Antonio, including work performed through the services of a temporary or employment agency.... Covered employees will be entitled to accrue one hour of paid sick leave for every 30 hours worked within the city.... [A] number of Texas state representatives have announced plans to introduce a law that would expressly prohibit local governments from enacting paid sick leave laws."

San Antonio Mandates Paid Leave for Private Sector Employees

"The ordinance requires employers to provide paid leave to be used for specified reasons for employees' and their family members' health-related issues.... The law takes effect on August 1, 2019, for employers with more than five employees. For employers with five or fewer employees, the law becomes effective on August 1, 2021.... All employers doing business in the city of San Antonio must provide the specified paid leave.... Employers must grant employees one hour of earned paid sick leave for every 30 hours worked in the city of San Antonio."

San Antonio City Council Passes Paid Sick Leave Ordinance

"The San Antonio paid sick leave ordinance will require all employers except government entities to provide employees with one hour of earned leave -- to be used for an illness or to care for a sick family member -- for every 34 hours worked. Employers will have to comply with the ordinance starting Aug. 1, 2019, unless they have fewer than five employees, in which case the compliance date is Aug. 1, 2021."

Amendments to San Antonio's Paid Sick Leave Ordinance -- and Related Developments Affecting the Lone Star State

"[This article summarizes] significant amendments to the ordinance, and notable changes made to the 'frequently asked questions' (FAQs) published by the enforcement agency. [It also provides] a brief update regarding litigation over similar ordinances in Austin and Dallas."