Paid Leave Preemption: Dallas vs DeSoto
How do paid leave preemption rules compare between Dallas, TX and DeSoto, TX?
DeSoto has fewer restrictions than Dallas.
Dallas, TX
Dallas County
Dallas adopted a paid-sick-leave ordinance in 2019, but a federal court enjoined it in 2020 (ESI/Employee Sols. v. City of Dallas, N.D. Tex.) as preempted by the Texas Minimum Wage Act. The ordinance is unenforceable. Private-sector Dallas workers have no city-mandated paid leave; only federal FMLA (unpaid, 12 weeks) and employer-provided benefits apply.
View full Dallas rules →DeSoto, TX
Dallas County
Texas HB 2127, the Texas Regulatory Consistency Act effective September 2023, broadly preempts local labor regulation including paid sick leave. Dallas County cannot mandate paid leave for private employers.
View full DeSoto rules →Key Facts Comparison
| Fact | Dallas | DeSoto |
|---|---|---|
| Dallas Ordinance Status | Enjoined / unenforceable | - |
| Case | ESI/Employee Sols. v. Dallas (N.D. Tex. 2020) | - |
| Preempting Statute | Tex. Lab. Code § 62.0515 | - |
| State Paid Leave | None | - |
| Federal Floor | FMLA — 12 weeks unpaid | - |
| State preemption | - | TX HB 2127 (2023) |
| Earlier ruling | - | TX appellate courts blocked Dallas |
| Statewide mandate | - | None for private employers |
| County employees | - | Paid leave by personnel rule |
| Federal floor | - | FMLA unpaid only |
Highlighted rows indicate differences between cities.
Dallas FAQ
Does Dallas's paid-sick-leave ordinance still apply?
No. A federal court enjoined the ordinance in 2020, finding it preempted by the Texas Minimum Wage Act. Dallas does not enforce it, and there is no penalty for non-compliance.
Can Dallas reinstate its paid-sick-leave law?
Not without state legislative action. Tex. Lab. Code § 62.0515 preempts local wage regulation, and Texas courts treat paid sick leave as wage regulation. Only the Texas Legislature can authorize local paid-leave mandates.
What paid leave does Texas require for Dallas workers?
None at the state level. Federal FMLA gives eligible workers (1+ year tenure at 50+ employee firms) up to 12 weeks of unpaid leave for serious medical or family-care needs. All other paid leave is at the employer's discretion.
DeSoto FAQ
Does Dallas County require my employer to give paid sick days?
No. HB 2127 preempts any county or city paid sick leave mandate. Texas has no statewide paid sick law. Your only paid leave entitlement comes from your employer's voluntary policy or contract.
Can I take unpaid leave when I am sick?
Federal FMLA gives 12 weeks of unpaid job-protected leave for serious illness or family care if your employer has 50-plus workers and you have worked there one year. Dallas County itself complies.
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