Paid Sick Leave Coming? Don't Count on It.

San Antonio's newly-passed paid sick leave ordinance may have passed, but it still faces an uphill battle, News Radio 1200 WOAI reports.

Austin's city council passed a very similar piece of legislation in February and they're being sued by the Texas Public Policy Foundation.

"Neither in San Antonio nor Austin has there ever been any kind of city-specific study that actually documents the need for this," General Council Rob Henneke explains.

San Antonio's ordinance allows workers to earn up to 64 hours of paid sick leave each year.  Advocates backed council chambers to argue that workers need days off to care for themselves or for sick kids.  

That lawsuit against Austin by the TPPF argues that the paid sick leave ordinance violates Texas labor law, something Councilman Manny Pelaez spoke about during the debate.

"Simply put, this ordinance is preempted by state statute and the Texas constitution. The Texas Labor Code and the Constitution are not vague when it comes to whether cities can regulate how, when, and how much employers pay their employees.  No matter how badly we wish it were easier for municipalities to insert themselves in the employer/employee relationship, the law doesn’t allow it."

Henneke says it forces employers to pay workers’ wages for hours they have not worked. 

He says it also violates the Equal Protection, and for that reason, he feels these type of ordinances will be argued before the state supreme court before San Antonio’s rules go into effect.

"In the Austin ordinance, which is the same as San Antonio, it exempts union employers from having to comply."

Nearly 30 state lawmakers have signed onto the lawsuit, including State Senator Donna Campbell, who represents San Antonio.


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