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.
The appellate review emanated from a case involving Progressive Business Publications, a company that publishes industry newsletters and trade journals. Court records indicate that PBP convinced employees to enter into a flexible agreement in relation to the performance of their duties; the workers could take as much personal time as they needed to when stepping away from their workstations, but only with the understanding that they would not be paid for this time.