AHRMA Supports Lawsuit Challenging 
City Of Austin Sick Leave Ordinance

Center for Public Policy

Austin Human Resources Management Association (“AHRMA”) joins the Society for Human Resource Management (“SHRM) and the Texas State Council of the Society for Human Resource Management (“Texas SHRM”) in supporting a lawsuit that challenges the City of Austin’s Paid Sick Leave Ordinance.  The lawsuit filed by the Texas Public Policy Foundation seeks an injunction to prevent the Paid Sick Leave Ordinance from taking effect on October 1, 2018.  

Under the new law, Austin employers would be required to offer up to eight days of paid sick leave per year.  Eligible employees will accrue paid sick and safe leave at the rate of one hour for every 30 hours worked, up to 64 hours annually, or up to 48 hours annually for businesses with 15 or fewer employees.  Employees would be entitled to carry over unused leave time into the following year up to the annual accrual cap.  This new law is required only in the City of Austin, with unclear guidelines, exceptions, and a disregard for the legal process of enacting such a public policy.

AHRMA supports simplifying and improving paid leave policies for employees and employers in Austin.  “We believe this law adds ambiguity and confusion to an already complex area of compliance for HR professionals who administer paid leave policies on behalf of their employers” said Arlaine Decrevel, President of AHRMA.  “As a SHRM Affiliate, we support SHRM’s Workplace Flexibility Initiative, a national Workflex in the 21st Century Act, which would allow employers of any size and industry the leeway to offer flexible paid leave options depending on their specific workforce. Ms. Decrevel added, “Because AHRMA is the voice for the HR profession in Austin, we receive feedback regarding the negative impact and burden multiple paid sick leave laws has on HR professionals as well as their employer and employees.”  “In showing support for this legal challenge, AHRMA is also showing support for a solution that mitigates the burden on HR professionals along with advocating for the needs of employers and employees.” 

AHRMA joined this lawsuit along with the Texas Association of Business, the National Federation of Independent Business, the American Staffing Association, SHRM, Texas SHRM, and others on June 5, 2018. 

For more information, contact the AHRMA Office 1-800-561-2096, email ahrma@austinhumanresource.org, or visit the AHRMA website at www.austinhumanresource.org. 

Oral Arguments

The Third Court of Appeals has set the oral argument in our appeal for October 17, 2018, at 9 am here in Austin. No testimony will be taken – it will all be argument only based on the briefs and trial court record.

The Notice of Proposed Adoption of Administrative Rules for the City of Austin’s Earned Sick Time Ordinance have been posted for public comment at:  http://www.austintexas.gov/edims/document.cfm?id=300812

Members of the public may provide comments to the Proposed Rules through 5:00 p.m. on July 19, 2018.  Comments to the Proposed Rules should be directed to: 

ATTN: Jonathan Babiak
City of Austin Equal Employment/Fair Housing Office
1050 East 11th  Street, Suite 200
Austin, Texas 78702
(512) 974-3200

Information about the City of Austin’s Earned Sick Time Ordinance is still being updated, but you can visit the website at:

For information about the administrative rules process, please visit the Office of the City Clerk’s website at:

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