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Labor

Summaries

KP-0044
Ken Paxton

Frequency of elections to certify representatives of police officers

KP-0070
Ken Paxton

Executive Order RP-80 is superseded by Government Code section 673.002 with respect to the requirement that all state agencies must verify the employment eligibility of new employees through the Department of Homeland Security's E-Verify program|Government Code section 673.002 with respect to the requirement that all state agencies must verify the employment eligibility of new employees through the Department of Homeland Security's E-Verify program|Executive Order RP-80 is not specifically superseded or preempted by Government Code section 673.002 with respect to the verification of employment eligibility of contractors and subcontractors by state agencies under the direction of the Governor

GA-0625
Greg Abbott

Payroll deduction under the Fire and Police Employee Relations Act, general-law city with population below 10,000 has implicit authority to provide

GA-0662
Greg Abbott

Fire chief’s authority to appoint deputies in civil service municipalities that adopt the Fire and Police Employees Relations Act|Civil service municipality’s adoption of the Fire and Police Employees Relations Act, effect on fire chief’s authority to appoint deputies|Adopted by election, the Fire and Police Employees Relations Act is|Subsection

GA-0771
Greg Abbott

Fire chief’s authority to appoint deputies in civil service municipalities that adopt the Fire and Police Employee Relations Act; reaffirming Attorney General Opinion GA-0662 (2008)|Fire chief’s authority to appoint deputies in civil service municipalities that have adopted the Fire and Police Employee Relations Act; reaffirming Attorney General Opinion GA-0662 (2008)|Subsection; reaffirming Attorney General Opinion GA-0662 (2008)

GA-0774
Greg Abbott

Constitutional challenge, Legislature’s decision not to authorize school districts to process payroll deductions for contributions to political committees would likely withstand a|Political committees, school districts are prohibited from processing payroll deductions for employees’ contributions to|Processing unauthorized payroll deductions, cannot determine as matter of law section 39.02(a)(2) of the Penal Code is violated as a result of|Membership fees or dues|Professional organization

GA-0858
Greg Abbott

Project labor agreement, whether section 271.121 of the Local Government Code prohibits a governmental entity from requiring a contractor or other vendor to sign a project labor agreement is a fact question beyond the purview of the Opinion Committee|Project labor agreement

GA-1090
Greg Abbott

Court would likely conclude that Dallas County is not expressly authorized by Labor Code section 62.0515 to require a higher wage as a condition for a contract award under the County Purchasing Act.|Whether the payment of higher wages is definitively and objectively related to the quality of services provided under a specific contract such that it can be included as an evaluation factor on competitive proposals submitted under section 262.030 of the County Purchasing Act requires a factual inquiry and is not a question that can be answered in the opinion process.

DM-0009
Dan Morales

Disclosure of non-sealed delinquency adjudication on employment application

DM-0239
Dan Morales

Per se "employees," students are not for purposes of statute requiring employers to supply hazardous chemicals information to "employees"|Hazardous chemicals information to "employees," students are not per se "employees" for purposes of statute requiring employers to supply

DM-0338
Dan Morales

Expanded system, inclusion of deputy sheriffs and deputy constables in|Subpoena power, commission's authority to adopt|Civil service commission's authority to adopt subpoena power|Expanded civil service system, inclusion of deputy sheriffs and deputy constables in|Subpoena power, county civil service commission's authority to adopt|County civil service commission's authority to adopt subpoena power|County civil service system, inclusion of deputy sheriffs and deputy constables in expanded|Civil service system, inclusion of deputy sheriffs and deputy constables in expanded

DM-0356
Dan Morales

Lien or notice of assessment based on unpaid wages, Commission may not transfer or assign to wage claimant; nor may wage claimant execute on|Wage claimant, Employment Commission may not transfer or assign lien or notice of assessment based on unpaid wages; may not execute on lien or judgment held by Employment Commission

DM-0447
Dan Morales

Rules adopted by fire and police civil service commission, authority of city to approve, reject, or review

DM-0469
Dan Morales

Craft or type of worker not listed in public work contract, contractor may hire only if public body has approved the hiring and has determined the prevailing wage rate in advance|Judicial remedy for violation of chapter 2258 of the Government Code available only where public body has determined contractor has violated law but has not withheld enough money from the contractor to make the aggrieved worker whole|Public work contract to remodel university building, applicability of chapter 2258 of the Government Code to|Public work contract, contractor generally must pay no less than prevailing wage rate to workers on project|Public work contract, contractor may hire craft or type of worker not listed in contract only if public body has approved the hiring and has determined the prevailing wage rate in advance|Public work contract, judicial remedy for violation of chapter 2258 of the Government Code|Public-work contract, worker may be paid different wage rates if he or she performs different jobs

JC-0032
John Cornyn

Prevailing wage law does not apply to project undertaken by development corporation unless state or political subdivision is a party to the construction contract|Prevailing wage law does not apply to project undertaken by development corporation created by city unless city, state, or another political subdivision is a party to the construction contract

JC-0210
John Cornyn

Prevailing wage law complaints, board member of hospital district who is president of local union council not prohibited by chapter 171 of the Local Government Code from participating in "good cause" determinations of|Uncompensated president of local union council who is board member of hospital district does not have a substantial interest in council and is not barred from participating in "good cause" determination of prevailing wage law complaints|Prevailing wage law complaints, chapter 171 of Local Government Code does not prohibit board member of hospital district who is president of local union council from participating in "good cause" determinations of

JC-0309
John Cornyn

Parental consent forms, Commission may not require of minors engaged in delivery of newspapers to the consumer|Newspaper subscriptions, child under 14 may not solicit unless the child simultaneously tries to sell current issue and will also subsequently deliver newspaper to that customer

JC-0369
John Cornyn

Bona fide employees association|An "employees association" is not synonymous with a labor organization|Payroll deductions for membership dues to employees associations, employees not entitled to|Payroll deductions for membership dues to employees associations, authority to restrict

JM-1164
Jim Mattox

Prevailing wage law, governing body is not required to include value of fringe benefits in its calculation of prevailing wage

KP-0310
Ken Paxton

Public employers must ensure that employee consent to a payroll deduction for membership fees or dues in a union or employee organization is collected in a way that ensures voluntariness, such as requiring direct provision of authorization from an employee to an employer.  A one-time, perpetual consent to a payroll deduction for membership fees or dues is inconsistent with the U.S. Supreme Court’s holding in Janus; however, consent for one year from the time given is likely valid and is sufficiently contemporaneous to be constitutional.

KP-0431
Ken Paxton

Considering whether two exemptions to the Texas Minimum Wage Act, Labor Code sections 62.151 (persons covered by the Fair Labor Standards Act) and 62.158 (employer that is an amusement or recreational establishment in certain instances) apply in the context of minor league baseball.