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Painter v. Amerimex Drilling I, Ltd., 561 S.W.3d 125 (Tex. 2018)

Whether a worker is an employee rather than an independent contractor turns on whether the hiring party has the OVERALL right to control the progress, details, and methods of operations of the work — whether or not it actually exercises that right as to any particular task. The Court expressly rejected evaluating employee status on a task-by-task basis, holding that a worker does not shift between employee and contractor status depending on the specific task at hand; task-specific control analysis belongs to supervisory liability for an independent contractor's acts, not to employment status. (Limestone Products' five factors — independence of the worker's business, who furnishes tools and materials, right to control progress, term of employment, and method of payment — remain the control-analysis guide.)

Cited on: Injury Claims After a Work Truck Brake Failure With No Coverage

Stephen Allen, Jr. v. Entergy Louisiana, L., 866 F.3d 610 (2017) — Court of Appeals for the Fifth Circuit

The FLSA guarantees to all covered employees who work more than forty hours in one week overtime pay at a rate of 1.5 times their regular pay rate.

Cited on: Unpaid Overtime Claim for a Salaried, Hourly-Billed Employee

in Re Expunction, 465 S.W.3d 283 (2015) — Court of Appeals of Texas

We reverse and render judgment denying the request for an expunction.

Cited on: Expunging Criminal Cases That Were Fully Dismissed