A bill to stop cities and counties from imposing their own employment mandates on small businesses may have stalled in the Legislature, but NFIB and other business groups are continuing to challenge the practice in the state’s courts.
On Friday, July 19, state Attorney General Ken Paxton intervened in a lawsuit seeking to strike down San Antonio’s paid sick leave ordinance. In court papers, Paxton said the minimum amount of compensation established for workers – including the minimum amount of paid time off – is a decision entrusted by the Texas Constitution solely to the state Legislature.
“San Antonio, Austin, Dallas, and other cities cannot be allowed to pass their own laws simply because they dislike state law or disagree with the judgment of the state’s elected representatives,” Paxton said in a statement. “The Legislature established the minimum amount of compensation for workers, and the Texas Constitution prohibits local municipalities from ignoring the Legislature’s decision.”
Last year, NFIB joined the Texas Public Policy Foundation and other business groups challenging the Austin paid leave ordinance in court. The 3rd Court of Appeals issued a temporary injunction stopping Austin’s version of the paid sick leave ordinance last summer while the case is pending.
NFIB State Director Annie Spilman said, “Our small business members agree with the attorney general that employment regulations should be set by the Legislature and applied evenly statewide.
“When local governments impose rules that go beyond what the state already requires, it creates a patchwork of confusing and contradictory mandates that make it hard for small businesses to follow the law,” Spilman said.
