Under the Fair Labor Standards Act, all employees are entitled to overtime. But, what if there is a dispute about the overtime? What happens when the employee claims a large amount of overtime, but the employer says there was no overtime?
Supreme Court precedent holds that if an employer maintains time records, then the employer
In another crazy twist to the Ken Paxton lawsuit, the AG has filed an Answer that essentially admits liability. AG Paxton issued a press release with the Answer that again defames the plaintiffs. Paxton’s Amended Answer comes soon after the presiding judge ordered AG Paxton to appear for his deposition. And, even before that order
A hospital nurse reported possible child abuse. She was fired soon after. Was that report to Child Protective Services protected activity? That is, was her report covered by the Texas statute that prohibits reprisal for reporting possible abuse? The Texas Supreme Court says no. In looking at Texas Family Code Sec. 261.110, the higher court
I previously wrote about the first decision in Hamilton v. Dallas County here. That decision held that forcing female detention officers to work on weekends was not discrimination based on sex. The Fifth Circuit panel noted rightly that prior caselaw required an “ultimate employment action” to constitute discrimination. Prior caselaw defined ultimate employment action as
In Spears v. Louisiana College, No. 20-30522, 2023 WL 2810057 (5th Cir. 4/6/2023), the appellate court addressed the situation in which an employee’s duties are are assigned to various employees. Some courts refer to this practice as “fractioning.” Carolyn Spears taught at Louisiana College for many years. She contracted cancer in 2012 and again
Well, the four whistleblowers who thought they had settled their claims with Ken Paxton perhaps did not. The four plaintiffs reacted to a statement from AG Ken Paxton’s office that if the state legislature does not authorize payment of the $3.3 million then they can try again next session – in two years. I previously
In yet another marathon hearing in the New York AG civil lawsuit, Judge Engoron gave Donald Trump a second chance to file an Answer that reflects reality. I talked about his Answer here in which he contradicted previous testimony in other lawsuits.
The judge denied the New York Attorney General’s request for sanctions and ordered
So, Justice Alito’s leaked draft opinion suggests Roe v Wade will be overturned. What does that possibility suggest for other rights? Justice Alito wrote in the draft opinion that the 14th Amendment did not specifically name abortion and otherwise does not protect a right to abortion. The draft opinion concerns the case of Dobbs v.
Increasingly popular during the pandemic are apps known as “bossware” and “tattle ware.” These software programs allow supervisors to track the work performed by work-from-home employees. These apps can monitor websites visited, log key strokes, take screenshots and even record video and audio. But, do such apps violate an employee’s privacy? Some states, such as
I previously talked about Alex Jones missing his first deposition date here.The Judge expressed deep skepticism about his absence that first day. Now, he has missed a second day set for his deposition. This is just a crazy litigation tactic. Unless Mr. Jones is in the hospital, he really needs to attend his own