Texas HB 2127 (the Death Star bill) and prior court rulings preempt Lubbock from mandating private-sector paid sick leave. Austin, Dallas, and San Antonio paid sick leave ordinances were struck down by appellate courts.
Texas paid leave preemption traces to 2018 when Austin passed a paid sick leave ordinance, struck down by the Third Court of Appeals as unconstitutional under the Texas Minimum Wage Act. Dallas and San Antonio followed with similar ordinances, all enjoined. The 2023 Texas Regulatory Consistency Act (HB 2127) further codified state preemption over labor regulations including scheduling, leave, and benefits. Lubbock cannot require private employers to provide paid sick days, predictive scheduling, or fair workweek protections. Federal FMLA still applies to employers with 50+ workers for unpaid leave.
Local paid leave ordinances are unenforceable under Texas preemption. Federal FMLA violations carry back pay, restoration of benefits, and civil penalties; Texas does not impose state-level paid leave fines.
See how Lubbock's paid leave preemption rules stack up against other locations.
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