It is now believed that Austin’s paid sick leave ordinance may never go into effect, after a Texas Court of Appeals ruled that it violates the state constitution.
The ordinance, which mandates that the majority of private employees in Austin are entitled to six to eight paid sick days a year, was reportedly pre-empted by the Texas Minimum Wage Act.
Attorney General Ken Paxton, who backed the plaintiffs, told TPR that the minimum wage law expressly prevented Austin from passing the ordinance. "The Legislature has established the minimum amount of compensation for workers, and the Texas Constitution prohibits local municipalities from ignoring the Legislature’s decision," he said in a statement.
The City of Austin said it was reviewing its options. "This Court of Appeals opinion reverses and usurps the ruling of the Austin trial judge, who heard the case, weighed the evidence and ruled in the City’s favour earlier this year," a spokesman said. "Ensuring workers are able to take time off work when they are sick is simply the right and responsible thing to do, as many cities have already acknowledged."
Right-wing think-tank the Texas Public Policy Foundation filed a lawsuit against the city in April on behalf of several clients, including the Texas Association of Business and the National Federation of Independent Business.
Austin City Council Member Greg Casar said he was not surprised by the ruling. "The majority of the judges on this panel just lost their elections," he said. "I anticipated that they may be rushing out anti-worker rulings this year before they're replaced in January."
The case will now head to the lower court for a full trial. The Appeals Court ordered the lower court to issue a temporary injunction, preventing the law from going into effect while the case is being heard.
Emma Woollacott is a freelance business journalist. Her work has appeared in a wide range of publications, including the Guardian, the Times, Forbes and the BBC.
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It is now believed that Austin’s paid sick leave ordinance may never go into effect, after a Texas Court of Appeals ruled that it violates the state constitution.
The ordinance, which mandates that the majority of private employees in Austin are entitled to six to eight paid sick days a year, was reportedly pre-empted by the Texas Minimum Wage Act.
Attorney General Ken Paxton, who backed the plaintiffs, told TPR that the minimum wage law expressly prevented Austin from passing the ordinance. "The Legislature has established the minimum amount of compensation for workers, and the Texas Constitution prohibits local municipalities from ignoring the Legislature’s decision," he said in a statement.
The City of Austin said it was reviewing its options. "This Court of Appeals opinion reverses and usurps the ruling of the Austin trial judge, who heard the case, weighed the evidence and ruled in the City’s favour earlier this year," a spokesman said. "Ensuring workers are able to take time off work when they are sick is simply the right and responsible thing to do, as many cities have already acknowledged."
Right-wing think-tank the Texas Public Policy Foundation filed a lawsuit against the city in April on behalf of several clients, including the Texas Association of Business and the National Federation of Independent Business.
Austin City Council Member Greg Casar said he was not surprised by the ruling. "The majority of the judges on this panel just lost their elections," he said. "I anticipated that they may be rushing out anti-worker rulings this year before they're replaced in January."
The case will now head to the lower court for a full trial. The Appeals Court ordered the lower court to issue a temporary injunction, preventing the law from going into effect while the case is being heard.
Emma Woollacott is a freelance business journalist. Her work has appeared in a wide range of publications, including the Guardian, the Times, Forbes and the BBC.
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Austin think-tank sues city to block new paid sick leave law
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