As it currently stands, the Austin sick pay ordinance has been enjoined by a state appellate court from taking effect. That case appears to be headed to the Texas Supreme Court, which will decide whether the law is constitutional. San Antonio has also passed a sick pay ordinance, scheduled to take effect August 1, 2019 for businesses with more than 15 employees. The San Antonio City Council is currently considering whether to postpone the effective date of its law to allow the Austin ordinance to be reviewed by the Supreme Court. Not to be outdone, Dallas passed its own sick pay ordinance in April 2019 to take effect August 1, 2019 for employers with more than five (5) employees. Notably, the law restricts the city from issuing penalties until April 2020, and there is a strong likelihood a lawsuit will be filed challenging its implementation, just like the one filed in Austin.
In sum, the Texas Legislature failed to bring some much needed clarity to this emerging trend of cities in Texas passing employment laws. The issue will be left for the courts to decide, and it is uncertain how long that will take or where the cases will ultimately end up for Texas employers.