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Austin City Council Member Greg Casar speaks at a forum about a city ordinance to require paid sick leave in January 2018. (Nick Wagner/Austin American-Statesman) Austin City Council Member Greg Casar speaks at a forum about a city ordinance to require paid sick leave in January 2018. (Nick Wagner/Austin American-Statesman)

Austin City Council Member Greg Casar speaks at a forum about a city ordinance to require paid sick leave in January 2018. (Nick Wagner/Austin American-Statesman)

Tom Kertscher
By Tom Kertscher February 10, 2022

Texas US House candidate led passage of Austin paid sick leave ordinance, but it never took effect

If Your Time is short

  • As an Austin City Council member, Greg Casar spearheaded an ordinance that required private employers to give employees paid sick leave. But the ordinance was struck down in court and never took effect.

Competing for an open U.S. House seat in Texas, Greg Casar made a series of boasts about his accomplishments, including one about paid sick leave.

In a TV ad shared on Twitter, Casar said he "learned that progressive change is possible, if we fight for it. That’s how we passed paid sick leave."

On the screen are the words: "Greg Casar — passed paid sick leave," along with a reference to the Austin City Council.

Casar was a member of the council when he led a successful effort to pass Austin’s paid sick leave ordinance. 

But what he left out of the ad is that the ordinance never took effect.

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Ordinance approved but blocked in court

The ordinance led by Casar was approved by the city council in February 2018. It would have required private employers in the city to provide employees at least six to eight days of paid sick leave per year, depending on the size of the company.

The ordinance never took effect because it was challenged in court and struck down. 

The legal challenges ended in June 2020 when the Texas Supreme Court let stand an appeals court ruling that the Austin ordinance conflicts with the state’s minimum wage ordinance, which bars cities from regulating wages paid by private businesses.

Asked about Casar’s ad, his campaign spokesperson said that the Austin council also approved providing paid sick leave to part-time, temporary and seasonal city employees. That resolution was adopted in March 2018. Full-time city employees already had that benefit. Casar sponsored that resolution.

March 1 primary winner likely to get seat

Casar is running for the 35th District congressional seat, which is open because the incumbent, Democrat Lloyd Doggett, decided after redistricting to run for another Austin-area seat in the 37th District. 

The new 35th District stretches from Austin to San Antonio. It is considered a safe Democratic seat.

Casar had the most campaign cash on hand of any candidates as of Dec. 31, according to the latest Federal Election Commission data. He is running in the March 1 primary against a number of Democratic candidates, including state Rep. Eddie Rodriguez of Austin and former San Antonio City Council member Rebecca Viagran.

Our ruling

Casar said he "passed paid sick leave." 

As a member of the Austin City Council, he spearheaded an Austin ordinance that would have required private employers to provide paid sick leave. But the ordinance was challenged in court and never took effect.

Casar’s statement is partially accurate but leaves out important details — our definition of Half True.

 

Our Sources

Twitter, Greg Casar tweet, Feb. 8, 2022

City of Austin, Ordinance No. 20180215-049, Feb. 15, 2018

City of Austin, Resolution No. 20180301-017, March 1, 2018

Austin American-Statesman, "Texas Supreme Court won’t hear Austin’s bid to require businesses to offer paid sick leave," June 5, 2020

Austin American-Statesman, "Austin City Council will give paid sick leave to its temporary workers," March 7, 2018 

Texas Supreme Court, "Orders Pronounced June 5, 2020"

Texas Observer, "Austin Passes First Paid Sick Leave Policy In The South," Feb. 16, 2018

Email and interview, Tara Pohlmeyer, communications director, Greg Casar campaign, Feb. 9, 2022

Axios, "Campaign ads hit the airwaves in Austin congressional race," Feb. 9, 2022

Texas Tribune, "Rejecting appeal, Texas Supreme Court blocks Austin's paid sick leave ordinance," June 5, 2020

Texas Tribune, "Frontrunners for Texas’ new congressional seats look to send message with decisive primary wins," Jan. 26, 2022

KUT.org, "Austin City Council Mandates Six To Eight Paid Sick Days For All Private Employees," Feb. 16, 2018

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Texas US House candidate led passage of Austin paid sick leave ordinance, but it never took effect

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