Texas Statewide Rule

Texas Paid Sick Leave Mandates Preempted

Few RestrictionsApplies statewide across Texas (2026)

Key Facts

Key Case: TAB v. City of Austin 2018
Statute: Labor Code 62.0515
HB 2127 Coverage: Employment field
Cities Affected: Austin, Dallas, San Antonio

Last verified: September 5, 2026Source: Texas Statutes

Summary

Texas appellate courts have struck down municipal paid sick leave ordinances in Austin, Dallas, and San Antonio as preempted under the Texas Minimum Wage Act. HB 2127 (2023) further codifies preemption by barring local regulation of employment benefits and leave policies.

Sec. 1.005. PREEMPTION. (a) Unless expressly authorized by another statute, a municipality or county may not adopt, enforce, or maintain an ordinance, order, or rule regulating conduct in a field of regulation that is occupied by a provision of this code. An ordinance, order, or rule that violates this section is void, unenforceable, and inconsistent with this code. (b) For purposes of Subsection (a), a field occupied by a provision of this code includes employment leave, hiring practices, breaks, employment benefits, scheduling practices, and any other terms of employment that exceed or conflict with federal or state law for employers other than a municipality or county.

Source: Texas StatutesView official code

Full Breakdown

In Texas Association of Business v. City of Austin, 565 S.W.3d 425 (Tex. App. Austin 2018), the court held that municipal mandatory paid sick leave ordinances violate Texas Labor Code 62.0515 because requiring paid leave functionally raises the wage floor. Similar rulings invalidated Dallas and San Antonio ordinances. The Texas Supreme Court declined review, leaving the appellate decisions controlling. HB 2127 (the Texas Regulatory Consistency Act, 2023) codifies field preemption over labor and employment regulation, expressly barring cities from mandating paid sick leave, predictive scheduling, or employer benefits beyond state minimums.

Violations & Penalties

Mandatory local paid leave ordinances are unenforceable; HB 2127 authorizes injunctive relief, declaratory judgment, and standing for any person aggrieved by enforcement.

Frequently Asked Questions

Can a Texas city require employers to give paid sick leave?

No. Courts have ruled mandatory paid sick leave ordinances are preempted as wage regulation, and HB 2127 reinforces this preemption across the employment field.

Can employers voluntarily offer paid sick leave?

Yes. The preemption only blocks government mandates. Employers may offer any paid leave benefits voluntarily and many do for recruitment and retention.

Sources

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