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One to Keep An Eye On: HB 222 (Texas)


As with many employment and labor law related cases (and bills) being litigated around the country, there are always a few that stand out.  This is one to keep an eye on.


Following a lawsuit filed earlier this year on the matter, on Monday, Texas Republican Representative Matt Krause introduced HB 222 in the Texas House of Representatives.  That bill would prohibit cities in the state from passing ordinances, such as the paid sick leave ordinance approved by the Austin City Council earlier this year.  If readers recall, Austin approved a paid sick leave ordinance that required private employers in the city with more than 15 workers to provide at most 8 days of paid sick leave per year for its full time employees.  For private employers in the city with less than 15 employees, the ordinance required that these employers provide at most 6 days of paid sick leave per year.  San Antonio followed suit this past summer with a similar law while Dallas has reportedly been going back and forth on the idea.

For those keeping track at home, many progressives hailed Austin’s paid leave ordinance as a gigantic step forward, especially given the state’s reluctance to approve a statewide paid sick leave measure.  (Austin is a traditionally Democratic city in a ‘red’ state).  In a solidly (well maybe not as solid after the 2018 Senate race between Democrat Beto O’Rourke and Republican Ted Cruz) Republican controlled state, some in the Texas Legislature made it no secret that they would seek to introduce legislation to overturn Austin’s ordinance.  One of those Representatives, Paul Workman from Austin, was defeated in last week’s midterm elections.  Critics of Republican efforts to overturn the ordinance pointed to Workman’s defeat as evidence that voters had no appetite for the Texas Legislature jumping into the fray.  Nevertheless, Representative Krause appears ready and willing to pick up the slack with his introduction of HB 222.

With a state Legislature controlled by Republicans, I would expect that HB 222 will find the votes to pass.  The question then turns to what paid sick leave advocates will do next.  With no realistic avenue to getting a referendum on the ballot or finding the votes in the Texas Legislature to support a statewide measure, perhaps the next/only option is to turn attention to having the U.S. Congress approve a nationwide paid sick leave bill.  There appears to be some interest among Republicans for passing a paid family leave bill...perhaps additional support can also be garnered for a paid sick leave bill?  With an incoming Congress in January comprised of a Democratic House and a Republican Senate, maybe a bipartisan bill can find enough votes to pass.

Stay tuned.


For additional information:  https://www.statesman.com/news/20181112/bill-filed-monday-would-scrap-austins-paid-sick-leave-ordinance

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