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sick leave

Too many people don’t get sick leave

From the CPPP:

All Texans should be able to care for themselves or a loved one if they get sick, regardless of what kind of job they do or how much they earn. Approximately 4.3 million Texas workers – or 40 percent of the total workforce – lack access to paid sick days, and it’s estimated that between 39 and 44 percent of private sector workers in the U.S. are not able to earn paid sick days.

Paid sick days are also a public health issue. When people are forced to go to work sick, everyone—employers, coworkers, and customers—is worse off. Children also face the consequences when their classmates come to school sick because their parents can’t afford to take the day off to care for them. Texas public employers, cities, and our state should work to implement paid sick days policies, which will improve the financial stability and health of all Texans.

Our new policy brief examines the inadequate access to paid sick days in Texas and highlights how businesses and families can thrive when workers are able to earn paid sick days. Across the country, there is growing momentum and support for city, county, and statewide paid sick days policies, which require employers to provide a certain number of paid sick days to workers each year based on the number of hours worked. To date, 44 cities, counties, states, and Washington, D.C. have passed paid sick days policies.

Everyone gets sick, and everyone should have the ability to earn paid sick days. A multi-city or statewide policy would ensure a high-quality standard so that all workers are able to care for themselves or a family member.

You can read the report here. I agree with this of course, as a matter of public health and of basic humanity, but as we know we live in a state where the business interests and Republican elected officials vehemently oppose the idea. The city of Austin has passed an ordinance to require sick leave, and the city of Dallas is poised to vote on a similar measure, but neither of those will matter if the current lawsuit or the sure-to-come legislation to preempt such ordinances succeed. You know what I’m going to say before I say it, but I’m going to say it anyway: Nothing will change until we change who we elect. If you’re fine with being surrounded by sick people in the course of your daily life, then keep doing what you’re doing. Otherwise, you might consider fighting for something better.

Of course Ken Paxton opposes the sick leave ordinance

He wouldn’t be Ken Paxton if he didn’t.

Best mugshot ever

Less than a week after a conservative think tank sued Austin over the city’s paid sick leave ordinance, Texas Attorney General Ken Paxton has thrown the state’s support behind the suit, calling the ordinance “unlawful.”

According to a statement, Paxton filed court papers with a Texas state district court in Travis County on Tuesday. He argues in the filing that setting the minimum wage, which includes the minimum amount of paid time off, is a decision strictly entrusted to the Texas Legislature.

“The Austin City Council’s disdain and blatant disregard for the rule of law is an attempt to unlawfully and inappropriately usurp the authority of the state lawmakers chosen by Texas voters and must be stopped,” said Paxton, a Republican.

Paxton said the Texas Minimum Wage Act enacted by the Legislature was a “single, uniform policy for the entire state” — and made no requirement of employers to provide paid time off. He also said the law prevents cities from passing a different rule because they disagree with the state law.

See here for the background. Seems to me Paxton’s assertions are matters for the court to decide, but whatever. No one has ever accused Ken Paxton of being a towering legal intellect. The courts are gonna decide what they decide, but if this is a fine point of state law, then I would just note that state law can be changed. That will require a wholesale change of state lawmakers, but it would accomplish the task. Whatever the courts do say, in the end we have the power to make the law say something else. The Observer has more.

Why do business groups want to force sick people to go to work?

This is bad for society.

The city’s new ordinance mandating that most private businesses in Austin provide paid sick leave to employees — heralded by supporters as the most progressive labor policy in Texas when it won approval two months ago — is facing a legal challenge to prevent it from ever taking effect.

Proponents of Austin’s sick-leave rules, which are slated to begin Oct. 1, already faced the likelihood that some conservative state lawmakers would try to supersede the city’s authority by filing bills to overturn the new ordinance when the Legislature convenes again in January.

But a coalition of business organizations, including the Texas Association of Business and the National Federation of Independent Business, are aiming to render the rules toothless regardless. The group — with legal representation from the Texas Public Policy Foundation, a conservative think tank — filed a lawsuit in Travis County state District Court on Tuesday, seeking temporary and permanent injunctions against city enforcement.

“We needed to move quickly and stop any bleeding that might occur from this ordinance,” said Jeff Moseley, chief executive of the Texas Association of Business, which is the state’s most powerful business lobbying group. “It’s overreaching (by the city government), and it’s hard-hitting to small employers.”

Work Strong Austin, an activist group that supported the ordinance, called the lawsuit frivolous and said the business groups involved in it are “seeking to undermine the democratic process and take away this basic human right and public health protection right from 223,000 working families” in the city.

The ordinance requires that most private Austin employers give each worker up to 64 hours — or eight full eight-hour workdays — of paid sick leave per year. Small businesses with 15 or fewer employees are required to meet a lower cap of 48 hours of paid sick leave per year, or six workdays.

I’m going to let Ed Sills, in his email newsletter from Wednesday, break this one down:

The public policy rationales are solid as a rock. The public health argument alone should resonate for everyone. Who wants flu victims preparing food at a restaurant because they can’t afford to sit out an illness? Who wants to sit next to someone on a bus if they have a cold?

The arguments in the lawsuit are frivolous and fatuous. TPPF is saying the ordinance violates the state’s prohibition on local minimum wage increases because paid sick leave is a form of a wage increase. That is utter nonsense.

If a benefit like paid sick leave counted toward fulfilling the minimum wage, employers right and left would pay less than $7.25 an hour and count the value of benefits they already offer toward the wage floor. Employers know they would be laughed out of court and roasted in the court of public opinion if they tried that.

The other “big idea” from TPPF is something called “substantive due process,” and therein lies a danger. Substantive due process reasoning was used by some judges in the first few decades of the 20th Century to strike down minimum wage, maximum hour and other laws. Unlike procedural due process, which guarantees fair trials and other safeguards that enable people in our legal system to make their cases, “substantive due process” was historically a card for employers to play when they didn’t like laws enacted by majorities to protect working people.

The U.S. Supreme Court occasionally recognized substantive due process, and a few examples are instructive. In 1905, the high court overturned a New York law limiting bakery employees to 60 hour a week. In 1923, the high court struck down minimum-wage laws using substantive due process analysis. In 1925, the court struck down laws banning “yellow-dog contracts” that required employees to agree not to join a labor union (this was in the pre-National Labor Relations Act days).

A changing majority on the Supreme Court during the Franklin Roosevelt era eventually flushed away substantive due process. By 1955, a unanimous court declared in Williamson v. Lee Optical of Oklahoma, “The day is gone when this Court uses the Due Process Clause of the Fourteenth Amendment to strike down state laws, regulatory of business and industrial conditions, because they may be unwise, improvident, or out of harmony with a particular school of thought.” The law upheld in the case was a state requirement that eyeglasses be fitted and duplicated by licensed optometrists or ophthalmologists.

The law is on the side of the paid sick leave ordinance, but the infection of the law by politics may be a different story. I would not bet my house, my car or even my fidget spinner that the Texas Supreme Court would uphold a paid sick leave ordinance. The high civil court is a haven for the business community in Texas. Moreover, Gov. Greg Abbott and elements of the Texas Legislature will take a shot at the ordinance – and potentially at ordinances that voters in San Antonio and Dallas might be considering in November – in the next legislative session.

One argument the business community will make to overturn Austin’s ordinance, and to preempt other cities from following suit, is that it’s just too hard on businesses that operate statewide to comply with different rules in different cities. (As if the more-than-statewide businesses don’t already have to do that outside Texas.) But fine, if that’s the problem, then pass a sick leave law at the state level, or even better in Congress. Sick people should be home getting better and not infecting everyone around them, so take away the economic incentive for them to drag their contagious selves to work. I do not understand the argument against that. KUT and Fox 7 Austin have more.

Local control and local races

From Texas Monthly:

Rep. Paul Workman

At the end of last week, the Austin City Council voted to pass a new ordinance requiring local businesses to give their employees paid sick leave. It was the end result of a long and intense fight, which pitted labor leaders and a diverse coalition from Austin’s liberal community against more than one hundred local business owners and a national group backed by the powerful Koch Brothers. Supporters packed the council chambers to speak before the vote, and many gave impassioned pleas to vote in favor of paid sick leave. According to the Texas Observer, some speakers “broke down in tearsas they recounted times when they or their loved ones had to choose between accessing health care and paying rent.” When the 9-2 vote came in, the crowd broke out in raucous cheers, applauding Austin for becoming the first municipality in Texas and in the Southern U.S. to enact such an ordinance.

But the cheers were a little premature. Austin’s City Council may not have the final say in the the battle. Within hours of the ordinance’s passage, state representative Paul Workman, a Republican whose district covers much of western Travis County, said he’d introduce legislation on the first day of next year’s session in an effort to have the ordinance repealed. “I support employers providing paid sick leave for their employees, but it is not the role of government to mandate that employers do this,” Workman said at a press conference later Friday morning. “The council made good on their promise to add yet more regulations on private business. They have clearly declared war on the private businesses which make our prosperity happen. I will file legislation on the first day possible to reverse this and the other liberal Austin policies that they’ve enacted.”

Workman said he felt it was an overreach for the council to enact such an ordinance (when reporters at the news conference questioned him about whether it was also an overreach for the state legislature to intervene in a decision made by elected local officials, Workman said no). Austin’s paid leave ordinance is just the latest local target of conservative state lawmakers, who have repeatedly tried to overturn municipal policies—ordinances that are usually liberal-leaning and typically implement regulations on businesses or industry. It’s a story that’s played out again and again, and not just in Austin.

[…]

For now, it seems Austin’s paid leave is safe. Workman can’t do much until the start of the legislative session in 2019. But he claims he already has enough support from members of the House and Senate to pass legislation that overrides the ordinance. “We will have no problem whatsoever getting this through,” Workman said at the press conference. At least one member of the senate, Donna Campbell, a Republican from New Braunfels, has publicly said that she’s committed to overturning the rule.

Less than half of Workman’s district is actually in Austin, not that it matters to Republicans like him. But hold that thought for a minute.

From the Texas Tribune:

In 2011 — after Republican Paul Workman unseated state Rep. Valinda Bolton, D-Austin — lawmakers redrew House District 47 to include a larger swath of western Travis County.

The new district, which gained more rural areas and lost some of liberal South Austin, stretched from Onion Creek to Lago Vista to Leander. It became a conservative stronghold, and to this day, Workman is the county’s only Republican state representative.

Seven years later, it’s a potential swing district again. Texas political experts point to rising frustration with President Donald Trump and the Republican Party that could rally the Democratic base and cause conservative voters to stay home on Election Day.

The effects of this trend would be more pronounced in districts Trump either lost or just barely won two years ago. And Trump carried HD-47 — where many residents are white and have a household income greater than $100,000 — with fewer than 200 votes.

Hoping to flip the seat for the first time since 2011, five Democrats are running in the March 6 primary: Elaina Fowler, the executive director of a union of retired government employees; Vikki Goodwin, a real estate broker; Sheri Soltes, the founder of a nonprofit that trains service dogs; Candace Aylor, a recovery room nurse; and Will Simpson, a technology field executive.

“We are seeing more money and more activity in this district than we have in a long, long time,” Austin political consultant Mark Littlefield said. “There is definitely greater energy from the Democrats than ever before.”

[…]

“The challenge here for Democrats is you can’t beat somebody with nobody,” said Harold Cook, an Austin Democratic political strategist. “At the end of the day, they will need to have nominated a candidate who is really articulate on messaging and has the funds with which to communicate with voters.”

None of the Democratic candidates have run for office before. But all of them said they’re fed up with the social ramifications of the state’s “bathroom bill” discussion and the 2016 election. They also hope to improve public school financing, transportation and the district’s environmental preservation.

The candidates’ policy stances are similar, but Fowler and Goodwin have emerged at the forefront of the race, Littlefield said. Fowler has the most legislative experience of the group, and Goodwin has raised the most money.

I don’t know anything about these candidates beyond what is in this story, but that’s not the point. The point is that the way to stop legislators like Paul Workman from passing bills expressly designed to strip cities of their power is to vote them out of office. Races like this are at least as important as the races for Congress that have dominated the coverage so far this cycle. Pay attention to your State Rep races – and your State Senate races, if you have one – especially if your current Rep or Senator is a Republican. This is our best chance since 2008 to make the Legislature a better, more inclusive, and more responsive institution. We can’t afford to blow it.