Legal Opinion · Concurring in part, dissenting in part
the City of Houston, Texas v. Roger Bates, Michael L. Spratt and Douglas Springer
Texas Supreme Court
Decided June 28, 2013No. 11-0778Published
1Concurring in part, dissenting in partJustice Guzman
I agree with the Court that the fire fighters are entitled to additional termination pay. But I disagree that the fire fighters are not entitled to overtime pay under their debit dock claim and therefore dissent from Part II.A of the opinion and the judgment. Chapter 142 of the Local Government Code requires municipalities to pay overtime rates once a fire fighter reaches a certain statutory level of hours, which includes time on call as well as “any other authorized leave.” Here, the question presented is whether “any other authorized leave” includes unpaid authorized leave. Our canons for…
2Cases cited5 opinions
- Connecticut National Bank v. GermainSupreme Court of the United States · 1992
- In the Interest of E.C.R., ChildTexas Supreme Court · 2013
- in Re the Office of the Attorney GeneralTexas Supreme Court · 2013
- Texas Natural Resource Conservation Commission v. Lakeshore Utility Company, Inc., Sentry Title Company, Inc., Alan D. Whatley, and Thelma J. WhatleyTexas Supreme Court · 2005
- City of Houston, Texas v. Roger Bates, Michael L. Spratt and Douglas Springer, Texas Court of Appeals, 14th District (Houston)2011