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The Euless, Texas Fair Overtime and Scheduling Standards Ordinance that imposed predictive scheduling obligations on covered employers is no more.

The Unusual Origin of the Ordinance

The people of Euless may propose legislation by initiative by submitting a petition to the City Council that is signed by 3% of registered voters. Euless is home to the southwestern portion of the Dallas Fort Worth International Airport. During January 2020, a union representing airport catering workers filed an initiative petition with the City of Euless proposing Fair Overtime and Scheduling Standards. The petition had 1,280 valid signatures, exceeding the 907 (3%) required for it to be presented to the Euless City Council for consideration. The City’s Home Rule Charter gave the City Council no discretion to amend the proposed initiative – it could only make a counter-proposal on the same subject to appear on the ballot on Election Day, which it did not do. As a result, the Fair Overtime and Scheduling Standards appeared on the ballot on Election Day, November 3, 2020, as Proposition B:

Proposition B “Employers with more than 200 Employees in the city of Euless shall provide their Employees with a written Work Schedule no later than 10 days before the first day of any new schedule. An Employee may decline, without penalty, to work any hours or additional shifts not included in the Posted Week Schedule. In an Emergency, an Employer may require an Employee to work additional hours or shifts not included in the Posted Work Schedule without obtaining their consent; these additional hours or shifts shall be paid at a rate three times that of the regular hourly rate of pay. If an Employer reduces an Employee’s hours from what is included in the Posted Work Schedule, Employee shall be paid for one-half of the total hours reduced at the Employee’s regular hourly rate. The Employer must keep records and file reports with the City when it utilizes the Emergency overtime option. Retaliation against employees who exercise their rights under this ordinance is prohibited.”

The Proposition passed by a wide margin, with 15,828 for and 5,833 against, and a 70.69% voter turnout. It was incorporated as Chapter 95 of the Euless Code, and became effective on November 12, 2020, covering employers with at least 200 employees (except hospitals, other facilities providing medical care, and public employers).

Lack of Attention or Enforcement During its Four Years in Effect

Unlike the short-lived Texas paid sick leave ordinances in Dallas, Austin, and San Antonio that were quickly challenged at the state legislative level and eventually enjoined by the courts, the Euless Fair Overtime and Scheduling Standards Ordinance received little attention, and remained in place. There were no publicly reported complaints or enforcement—likely due to the impact of the COVID-19 pandemic on air travel and covered businesses, and that the City of Euless had no department to promote, provide guidance or enforce the law, which had not been enacted in the normal course through the City Council.

The Texas Death Star Law Provided Relief, But Was Then Subject to Court Challenge

On September 1, 2023, the Texas Regulatory Consistency Act took effect. Known by critics as the Death Star Law, in its broadest reading, the Act nullified any local employment law that conflicted with or exceeded state law.

While the Texas Regulatory Consistency Act was immediately the subject of legal challenge and found unconstitutional by a state district court judge, the state immediately appealed. The Office of the Texas Attorney General promptly issued a statement that the litigation had no immediate impact on the enforceability of the Act because the appeal had automatically stayed the effect of the court’s declaratory judgment. Despite this statement, Texas employers continued to feel uncertain regarding their obligation to comply with local employment laws, including the Euless Overtime and Scheduling Standards Ordinance.

In this environment, most cities have not acted, waiting for the courts to decide the validity of the Texas Regulatory Consistency Act. But now Euless has acted.

September 24, 2024: Euless City Council Repealed the Fair Overtime and Scheduling Standards Ordinance

On September 24, 2024, the Euless City Council unanimously voted to repeal the Euless Overtime and Scheduling Standards Ordinance, noting that it was preempted by the Texas Regulatory Consistency Act.

For covered employers (employers with at least 200 employees, except hospitals, other facilities providing medical care, and public employers) this repeal confirms that they have no obligation to comply with the Ordinance. Many covered employers were already posting work schedules at least 10 days before the start of the workweek and are likely to continue to do so. However, the repeal of the Ordinance clarifies that covered employers are not required to pay predictability pay for employer-initiated schedule changes or get written consent for adding hours not included in the posted schedule. To ensure an orderly transition, we recommend employers communicate with impacted employees regarding any changes to their scheduling practices they may implement in response to the repeal.

> An updated list of all NFL Players from Trinity High School in Euless, Texas

Here’s an up-to-date list of all NFL Players from Trinity High School in Euless, Texas.

The list includes only those players who have played in an NFL game.

See where it ranks among other schools in the state here.

NFL Players from Trinity HS

Provided by Pro-Football-Reference.com

The charter school found this model offers benefits such as higher student engagement and improved teacher retention.

Credit: WFAA

EULESS, Texas — Treetops School International, a charter school in Euless, announced Monday it will be moving to a four-day instructional week starting in the 2025-2026 school year.

The school's board approved this new calendar, which the school says is a reflection of its commitment to enhancing student learning and supporting teacher well-being.

“We believe this transition is a bold and innovative step that will strengthen our ability to provide high-quality education while ensuring that both students and teachers thrive,” James Whitfield, Superintendent of Treetops School International, said in a statement. “By focusing instructional time and increasing planning opportunities for teachers, we are hoping to create a more sustainable and effective learning environment.

Starting next year, school days Monday through Thursday will be extended, starting at 7:40 a.m. and ending at 4:15 p.m. One Friday every month will be used for teacher professional learning and planning, while students and staff will have all other Fridays off.

The school said research and collaboration with other districts that have made this change found this model had benefits such as higher student engagement, improved teacher retention and recruiting, and increased teacher planning time.

Treetops School International says it is actively meeting with local childcare providers to explore special rates for any families needing care on Fridays, and is considering limited on-campus drop-in care options.

Other North Texas school districts that have implemented a four-day instructional week include Mineral Wells ISD, Anna ISD, Gainesville ISD and Sanger ISD.

More information on the transition can be found at www.treetops.org.