Appeals court tosses Austin paid sick leave ordinance

November 16, 2018 - 10:59 am

AUSTIN (KJCE) -- Austin's yet-to-go-into-effect paid sick leave ordinance violates the Texas Constitution, an appeals court ruled Friday.

The 3rd Court of Appeals on Friday tossed out the ordinance, saying it is pre-empted by the Texas Minimum Wage Act.

Approved by City Council in February, and originally set to go into effect October 1, the ordinance would have broadly applied to a variety of employers – including companies, nonprofits, individual households, churches and charitable foundations. It would have mandated that small businesses with 15 or fewer employees provide workers with up to six days of paid sick leave per year, while all other private employers would have been required to allow up to 64 hours of paid sick leave.

The case will return to a lower court to hear arguments over the ordinance's compliance provisions, which plantiffs argue amount to a "warrantless search".

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