HB 2127 (2023), the Texas Regulatory Consistency Act, preempts municipal predictive or fair workweek scheduling ordinances. Texas cities cannot require employers to provide advance schedule notice, predictability pay, or rest periods between shifts beyond state law.
HB 2127 amends multiple Texas codes including Labor Code Chapter 1, Business and Commerce Code, and Local Government Code to occupy the field of employment regulation at the state level. Sections expressly bar political subdivisions from adopting ordinances regulating employment benefits, scheduling practices, employment leave, hiring practices, and similar matters not authorized by state statute. Combined with longstanding preemption under Labor Code 62.0515, this forecloses fair workweek or predictive scheduling laws like those passed in Seattle, NYC, and Oregon. Texas cities cannot mandate posted schedules in advance, premium pay for last-minute changes, or right-to-rest provisions for private employers.
Local scheduling ordinances are unenforceable; HB 2127 grants standing to any person harmed and authorizes declaratory and injunctive relief plus attorney fees.
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