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· 10/23/2023

Untitled Texas Attorney General Opinion: KP-0449

Syllabus

A commissioners court may delegate to the county judge its implied authority to employ persons. A court would likely conclude that a county judge who is delegated such authority is prohibited by the anti-nepotism prohibition in Government Code section 573.041 from appointing the spouse of a county commissioner to a paid county position.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that roughly 10 minutes per work shift spent donning protective gear are not de minimis and employees are entitled to compensation
  • holding that compensability of meal breaks is a question of fact to be resolved by the trial court
  • noting that in case involving 280 employees, individual claims for $425 per year or $2,550 over six years were “significant”
  • finding that violations were not willful where “there was no binding authority directly addressing” the relevant FLSA issue
  • favoring “a calculation based on the summation of mean times” to represent “the amount of time that employees working at the plant actually spend donning and doffing”
  • affirming district court’s denial of liquidated damages where the employer presented evidence it reasonably relied on legal advice to implement pay structure

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.