Arlington's Relaxed Approach to Employment Preemption: What's Allowed

Every city handles employment preemption a little differently. In Arlington, Texas, there are 3 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Paid Leave Preemption

Arlington cannot require employers to provide paid sick leave. Texas HB 2127 (the Texas Regulatory Consistency Act, 2023) preempts municipal employment regulations, voiding earlier paid-leave ordinances passed in Austin, San Antonio, and Dallas.

Key details: Local paid leave: None; preempted. Preempting law: Texas HB 2127 (2023). Earlier rulings: Austin, San Antonio enjoined. Federal floor: FMLA unpaid only.

There is no city paid-leave ordinance to violate. Federal Family and Medical Leave Act protections still apply to qualifying employers with 50+ employees, enforced by the U.S. Department of Labor.

The rules around paid leave preemption in Arlington lean permissive, but that does not mean anything goes.

Minimum Wage Preemption

Arlington cannot set a local minimum wage. Texas Labor Code Section 62.0515 preempts cities from raising wages above the state floor, which mirrors the federal $7.25 per hour established by the Fair Labor Standards Act.

Key details: Minimum wage: $7.25 per hour. Tipped wage: $2.13 per hour. Preempted by: Texas Labor Code 62.0515. Last federal raise: July 2009.

Wage-and-hour violations are enforced federally by the U.S. Department of Labor and at the state level. Workers paid below $7.25 may file FLSA claims for back wages, liquidated damages, and attorney fees. The city has no enforcement role.

The rules around minimum wage preemption in Arlington lean permissive, but that does not mean anything goes.

Worker Scheduling Preemption

Arlington cannot mandate predictive scheduling, advance shift notice, or predictability pay. Texas HB 2127 preempts local labor regulation, leaving scheduling rules entirely to private employers and federal law.

Key details: Predictive scheduling: Not required. Preempting law: Texas HB 2127. Overtime trigger: Over 40 hours weekly. Enforcement: Federal FLSA only.

No city scheduling ordinance exists. Federal FLSA still requires overtime at 1.5x the regular rate for hours over 40 per week for non-exempt workers; complaints go to the U.S. Department of Labor Wage and Hour Division.

Arlington is more permissive than most cities when it comes to worker scheduling preemption. That said, there are still limits.

The Bottom Line

Compared to many U.S. cities, Arlington gives residents more room on employment preemption. 3 of the 3 rules here are rated permissive. But permissive does not mean unregulated. There are still requirements, and the city does enforce them when violations are reported.

These rules come from Arlington's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.