In a recent case, an appellate court determined that deducting pay from employees who spend more than a minute and a half in the restroom is a violation of the Fair Labor Standards Act. This ruling could have impacts on Texas work environments.
On Sept. 29, it was reported that three former Oracle employees, all female, filed a lawsuit against the company for pay discrimination. The lawsuit, which was seeking class-action status in order to represent all female employees at Oracle, was filed on Aug. 28. The company has locations in Texas.
There is a significant difference between Texas workers who are labeled as independent contractors as opposed to employees. Independent contractors are generally responsible for paying their own taxes and finding their own insurance. They may also be required to take steps on their own to obtain payment for services rendered. However, unlike most employees, they are generally allowed to choose when and how they work.
The salary threshold for overtime pay has not been changed since 2004. It remained at $23,660 for overtime eligibility. President Obama's administration passed a new regulation that would have doubled the salary threshold to $47,000, making many more workers eligible for overtime pay. That rule change has been blocked by a federal judge in Texas, however.
Teenagers and minors in Texas are protected under federal and state wage and hour laws. These laws establish a minimum wage for youth and establish standards for their working conditions in order to protect their health and safety. These laws are meant to also protect the educational opportunities that are available to young people.
Waitstaff and servers in Texas restaurants may wish to play close attention to the 80/20 rule related to tip credit for minimum wage employees. In many places across the the country, restaurants are experiencing an increase in lawsuits related to violations of the rule, and more jurisdictions are beginning to uphold the rule in court.