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πŸ’Ό Employment Preemption/Paid Leave Preemption

Paid Leave Preemption: Arlington vs Keller

How do paid leave preemption rules compare between Arlington, TX and Keller, TX?

Arlington and Keller have similar restriction levels.

Arlington, TX

Tarrant County

Few Restrictions

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.

View full Arlington rules β†’

Keller, TX

Tarrant County

Few Restrictions

Texas appellate courts have struck down municipal paid sick leave ordinances in Austin, Dallas, and San Antonio as preempted under the Texas Minimum Wage Act. HB 2127 (2023) further codifies preemption by barring local regulation of employment benefits and leave policies.

View full Keller rules β†’

Key Facts Comparison

FactArlingtonKeller
Local paid leaveNone; preempted-
Preempting lawTexas HB 2127 (2023)-
Earlier rulingsAustin, San Antonio enjoined-
Federal floorFMLA unpaid only-
Key Case-TAB v. City of Austin 2018
Statute-Labor Code 62.0515
HB 2127 Coverage-Employment field
Cities Affected-Austin, Dallas, San Antonio

Highlighted rows indicate differences between cities.

Arlington FAQ

Does Arlington require paid sick days?

No. Texas HB 2127 and Labor Code preemption block cities from mandating paid sick leave. Some Arlington employers offer it voluntarily, but it is not a legal requirement.

Can I get unpaid family leave?

Yes, if your employer has 50 or more employees and you meet eligibility, the federal FMLA provides up to 12 weeks of unpaid, job-protected leave for qualifying medical and family events.

Keller FAQ

Can a Texas city require employers to give paid sick leave?

No. Courts have ruled mandatory paid sick leave ordinances are preempted as wage regulation, and HB 2127 reinforces this preemption across the employment field.

Can employers voluntarily offer paid sick leave?

Yes. The preemption only blocks government mandates. Employers may offer any paid leave benefits voluntarily and many do for recruitment and retention.

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