The Texas Regulatory Consistency Act (HB 4, 2023) bars Texas cities from regulating employer scheduling practices. Austin has no fair-workweek or predictive-scheduling ordinance, and any future local rule would be preempted by state law.
Texas HB 4 (2023) preempts municipal regulation of employer-employee relations, including hours and scheduling. Austin has never adopted a predictive-scheduling or fair-workweek ordinance, despite advocacy from worker groups during the 2018 paid-leave debate. The 2023 statute closes the door on any future local rule covering private employers. No Texas state law requires advance shift notice, predictability pay, premium pay for last-minute changes, or minimum rest between shifts. Federal Fair Labor Standards Act overtime rules still apply: nonexempt workers earn 1.5 times their regular rate for hours over 40 per workweek. Austin workers can negotiate schedule terms individually or through collective bargaining, but the city cannot impose a citywide standard.
No Austin city fine applies because no scheduling ordinance exists. FLSA overtime violations carry back-wage liability plus equal liquidated damages and federal civil penalties up to $1,000 per willful repeat. The Texas Workforce Commission accepts wage complaints from Austin workers.
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See how Austin's worker scheduling preemption rules stack up against other locations.
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