Texas: Right to Work Writ Large - But Not Right to Get Paid

Dec. 7, 2007 - Majority of Texas Supreme Court rules that worker who filed payday act claim late with administrative agency may not sue for breach of contract in state court, even though contract claim was not time-barred and agency could not have adjudicated it given its limited administrative-claim jurisdiction. Conceding that the Texas Legislature enacted the Payday Act as an additional remedy and more user-friendly admininstrative alternative to filing suit, the Court nevetheless treats the Commission as a court and accords res judicata effect to its final order dismissing the worker's administrative claim as untimely.

Anti-worker thrust of court's opinion proved too much even for Justice Brister (not known for sporting pro-labor or leftist credentials), who wrote stinging dissent, joined by the Chief, by Harriet O'Neill, the only women on the court, and by Justice David Medina.

Igal v. Brightstar Information Technology Group, Inc. 04-0931 (Tex. Dec. 7, 2007)(Wainwright)(employment law, common law claim for unpaid wages, statute of limiations, Texas Payday Act, res judicata based on commission's dismissal of statutory claim)

SALEH W. IGAL v. BRIGHTSTAR INFORMATION TECHNOLOGY GROUP, INC. AND BRBA, INC.; from Dallas County; 11th district (11-03-00099-CV, 140 S.W.3d 820, 06/30/04)
The Court affirms the court of appeals' judgment.Justice Wainwright delivered the opinion of the Court as to Parts I, II, III, IV.A, IV.B.2, and V, in which Justice Green, Justice Johnson, Justice Willett, and Justice McCoy joined, and an opinion as to Part IV.B.1, in which Justice Green, Justice Johnson, and Justice Willett joined.

Justice Brister delivered a dissenting opinion, in which Chief Justice Jefferson, Justice O'Neill, and Justice Medina joined. (Justice Bob McCoy sitting by appointment pursuant to section 22.005 of the Texas Government Code)(Justice Hecht not sitting)

The second opinion released by the Texas High Court the same day also involves workers' rights in the workplace:

Morales v. Liberty Mutual Ins. Co., No. 05-0754 (Tex. Dec. 7, 2007)(O'Neill) (worker's comp. subscriber, nonsubscriber, employment status, course and scope, employees vs. independent contractors)
MARGARITA MORALES, INDIVIDUALLY AND AS NEXT FRIEND OF PAULETTE MORALES AND LAURA MORALES, MINOR CHILDREN OF GUADALUPE D. MORALES, DECEASED v. LIBERTY MUTUAL INSURANCE COMPANY AND CONTINENTAL CASUALTY COMPANY; from El Paso County; 8th district (08-04-00135-CV, 169 S.W.3d 485, 07/28/05)
The Court reverses the court of appeals' judgment and remands the case to the trial court.