Court of Appeals temporarily halts City of Austin’s Earned Sick Time Ordinance

On Friday, August 17, the Court of Appeals with jurisdiction over the City of Austin temporarily enjoined the City of Austin’s Earned Sick Time Ordinance, which was set to take effect on October 1, 2018.  In July, a group of private-sector businesses and the State of Texas sued the City to prevent the Ordinance from taking effect, claiming that the City exceeded its authority to issue such an ordinance.  The trial judge considering the matter initially denied the plaintiffs’ request for a temporary injunction, so the plaintiffs appealed.  On appeal, the court stated that the plaintiffs had shown that it was appropriate to enjoin the ordinance from taking effect during the period the matter was being considered on appeal.  At the same time, the court ordered that the parties complete their briefing by September 21, 2018.

Given the court’s order, it appears almost certain that the Ordinance will not take effect on October 1, as the court of appeal will most likely not have issued its opinion by then.  Even if the court of appeal determines that the Ordinance was within the City’s authority to issue, it is virtually certain that the plaintiffs will appeal the matter to the Texas supreme court.

The day before the appellate court issued its injunction, the San Antonio City Council passed a mandatory paid sick leave ordinance very similar to Austin’s.

Please check back on our website for updates throughout the duration of this matter.