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πŸ’Ό Employment Preemption/Worker Scheduling Preemption

Worker Scheduling Preemption: Converse vs San Antonio

How do worker scheduling preemption rules compare between Converse, TX and San Antonio, TX?

Converse and San Antonio have similar restriction levels.

Converse, TX

Bexar County

Few Restrictions

Texas HB 4 of 2023 preempts local fair workweek and predictive scheduling ordinances. Bexar County cannot require employers to post advance schedules, pay predictability premiums, or grant offered shifts to existing workers.

View full Converse rules β†’

San Antonio, TX

Bexar County

Few Restrictions

The Texas Regulatory Consistency Act (HB 4, 2023) bars cities from regulating employer scheduling practices. San Antonio has no fair-workweek or predictive-scheduling ordinance, and any future attempt would be preempted under Texas law.

View full San Antonio rules β†’

Key Facts Comparison

FactConverseSan Antonio
Preemption lawTX HB 4 (2023)-
Affected rulesPredictive scheduling-
Federal floorFLSA overtimeFLSA overtime over 40
Remedy pathTWC or US DOL-
Texas preemption law-HB 4 (2023)
SA scheduling ordinance-None enacted
State scheduling mandate-None enacted
Predictability pay-Not required in Texas

Highlighted rows indicate differences between cities.

Converse FAQ

Can Bexar County require advance schedules for retail workers?

No. State preemption blocks any county fair workweek ordinance covering scheduling, on-call shifts, or predictability pay for private retail, food service, or hospitality workers.

Does federal law require advance schedules?

No federal predictive scheduling requirement exists. The Fair Labor Standards Act addresses minimum wage and overtime but leaves scheduling to employer discretion absent contract terms.

San Antonio FAQ

Does San Antonio require advance schedule notice?

No. SA has no fair-workweek ordinance, and Texas HB 4 (2023) preempts cities from enacting one. Schedule notice depends entirely on employer policy or collective-bargaining agreements between workers and employers.

Do San Antonio workers earn predictability pay for shift changes?

No. No San Antonio or Texas law requires predictability pay or premium pay for last-minute schedule changes. Federal FLSA overtime rules cover only hours worked beyond 40 per week.

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