New Jersey
New Jersey’s statewide sick time law took effect on October 29, 2018. The statewide law preempts the 13 previously enacted local sick time laws in the New Jersey cities listed below by year of enactment. These 13 local laws were part of a long-term strategy to pass a statewide paid sick time law and paved the way for the statewide Earned Sick and Safe Days Act, which passed in April 2018. A Better Balance provided legal support to each of these campaigns, from bill drafting to testifying before legislators to helping with enforcement. The local ordinances preempted by the statewide law included: Jersey City (2013), Newark (2014), Passaic (2014), East Orange (2014), Paterson (2014), Irvington (2014), Trenton (2014), Montclair (2014), Bloomfield (2015), Elizabeth (2015), New Brunswick (2015), Plainfield (2016), and Morristown (2016).
Oregon
Oregon’s statewide sick time law took effect on January 1, 2018. The statewide law preempted local ordinances, including the two that had passed in 2013 in the cities of Portland and Eugene. Although Oregon’s paid sick time law preempts local paid sick time measures, the statewide law includes special provisions that effectively only apply to employers in Portland (through special rules regarding cities with a population exceeding 500,000, which only applies to Portland under current local government populations). These special rules, which effectively incorporated certain coverage provisions from the original Portland law, were included in the statewide statute since Portland’s earlier law was more comprehensive than the state law for employees located at small employers. For more on Oregon’s paid sick time law, see our overview here and here.
Washington State
Washington’s statewide paid sick time law took effect on January 1, 2018, after voters approved a state ballot initiative in November 2016. The statewide law does not preempt local sick leave laws that build on the new statewide floor, and local laws in Seattle and Tacoma remain in effect. However, Spokane’s paid sick leave law, which took effect a year earlier than the statewide measure, was repealed and sunset on December 31, 2017 (the day before the statewide protections took effect).
Texas
In 2018, Austin became the first city in the South to enact a paid sick and safe time law, and was soon followed by Dallas and San Antonio. A Better Balance provided legal support to each of these campaigns, including bill drafting, talking points, and policy assistance. When the laws were challenged in court, A Better Balance’s litigation support included amicus briefs in the Austin and San Antonio cases.
All three laws were challenged by business groups as violating a Texas law that prohibits localities from enacting a minimum wage higher than the state’s. This is an exceedingly weak and dubious legal argument that had never succeeded anywhere in the country before this decision, although other lawsuits have raised it. A Better Balance strongly disputes the notion that minimum wage and paid sick time requirements are the same. However, the intermediate Texas Court of Appeals did rule that the ordinances were preempted, and since the Texas Supreme Court declined to hear the case, the appellate court’s decision striking down the ordinance will stand. As a result, workers in these three cities currently lack the legal right to paid sick time, despite the will of their communities and elected officials.
New York
New York State’s paid sick time law took effect on January 1, 2021. The statewide law preempts local paid sick leave ordinances, except in cities with a population of one million or more. As a result, New York City’s paid sick time law remains in effect. However, Westchester County’s general paid sick time law was preempted, except for its provisions for safe leave related to domestic violence or human trafficking. Westchester County also still has a separate local law regarding earned sick leave for domestic workers that was not preempted.
Illinois
Illinois’ statewide paid time off law (for purposes including, but not limited to, health needs) took effect on January 1, 2024. The statewide law does not preempt local sick leave laws that build on the new statewide floor (or that were in effect prior to the State law), and the local law in Chicago remains in effect. In response to the statewide paid time off law, however, Cook County converted its previously enacted paid sick time law, which had been in effect since July 1, 2017, to a paid time off law. The Cook County paid time off law replaced the paid sick time law effective December 31, 2023.
Minnesota
Minnesota’s statewide sick time law took effect on January 1, 2024. The statewide law does not preempt local sick leave laws that build on the new statewide floor, and local laws in Minneapolis, Saint Paul, and Bloomington remain in effect. In response to the statewide law, however, Duluth repealed its previously enacted paid sick time law, which had been in effect since January 1, 2020. The Duluth paid sick time law is repealed effective January 2024. A Better Balance has been proud to work for years with our partners in Minnesota on paid sick time, providing legal, drafting, policy and strategic support, especially as we passed local laws and defended them in the courts.
