Texas Statewide Rule

Texas Predictive Scheduling Ordinances Preempted

Few RestrictionsApplies statewide across Texas (2026)

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.

Key Facts

Statute: HB 2127 (2023)
Effective: September 1, 2023
Field Preemption: Employment regulation
Private Right: Yes, plus AG

Source: Texas Statutes

Full Breakdown

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.

Violations & Penalties

Local scheduling ordinances are unenforceable; HB 2127 grants standing to any person harmed and authorizes declaratory and injunctive relief plus attorney fees.

Frequently Asked Questions

Can Texas cities pass fair workweek laws?

No. HB 2127 expressly preempts local scheduling, predictive notice, and predictability pay mandates on private employers, occupying the field of employment regulation statewide.

Are there state-level scheduling protections in Texas?

Texas does not have predictive scheduling or fair workweek laws at the state level. Federal Fair Labor Standards Act rules on overtime apply but not advance scheduling notice.

Does HB 2127 affect collective bargaining?

Texas is a right-to-work state and does not mandate collective bargaining for private employers. HB 2127 does not alter federal NLRA rights but blocks local labor mandates.

Sources

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Texas Predictive Scheduling Ordinances Preempted

Few RestrictionsApplies statewide across Texas (2026)

Full Breakdown

Frequently Asked Questions

Can Texas cities pass fair workweek laws?

No. HB 2127 expressly preempts local scheduling, predictive notice, and predictability pay mandates on private employers, occupying the field of employment regulation statewide.

Are there state-level scheduling protections in Texas?

Texas does not have predictive scheduling or fair workweek laws at the state level. Federal Fair Labor Standards Act rules on overtime apply but not advance scheduling notice.

Does HB 2127 affect collective bargaining?

Texas is a right-to-work state and does not mandate collective bargaining for private employers. HB 2127 does not alter federal NLRA rights but blocks local labor mandates.