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Why Austin’s legal fight leaves Dallas in uphill battle to save paid sick time ordinance

August 5, 2019

Dallas Morning News,

Hayat Norimine,

August 5, 2019-

Workers and labor groups celebrated when Dallas last week became the first Texas city to implement an ordinance that mandates businesses provide paid sick leave to employees. But after two companies sued the city last week in federal court, several appellate and employment lawyers interviewed by The Dallas Morning News said the city’s ordinance now faces an uphill battle for survival in the courts.

That’s largely related to the challenges faced by the other two major Texas cities that mandated paid sick leave. A state appeals court already ruled against Austin’s law in November 2018. And San Antonio delayed implementation of its own ordinance pending a legal challenge in state court. Kent Rutter, an appellate lawyer based in Houston, said Dallas should expect a tough road ahead. “They have a decision from three well-respected judges on the Court of Appeals in Austin ruling that the state law prevents cities from enacting these ordinances,” Rutter said. “And that’s a difficult hurdle to overcome.”

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