Legal Question in Business Law in Texas

My wife works in a Spa in Austin TX. The management staff seems to want to stick her with every shift imaginable and change her schedule constantly. Now they want her to provide an official school schedule to show the days she has class. We feel this is the last straw and it is very extreme and intrusive.

I don't want to answer them on principle. My wife is not in any kind of trouble of getting fired or anything and has done nothing wrong. I believe this is a violation of privacy law/FERPA, but I am unsure. Can they legally ask for this information, and more importantly, are we within our legal right to refuse to provide an official copy of her school schedule without penalty?

Chris


Asked on 11/09/11, 10:22 am

1 Answer from Attorneys
Tanja Martini The Martini Law Firm, PC

Chris,

It is not uncustomary for an employer to request a class schedule from an employee so that the employee's work shifts can be scheduled accordingly.

I doubt FERPA would protect your wife's class schedule. Under FERPA's privacy laws, a school is required to obtain the necessary permission from the student and/or parent to release educational records pertaining to that particular student. It does not sound like your wife's employer requested any school records, let alone her class schedule, directly from the school. Instead, based on the information that you provided, it appears that her employer requested the class schedule from your wife. Further, for FERPA to even apply, the school that your wife is attending must receive funds under an applicable program of the U.S. Department of Education. Based on the information you provided, it cannot be determined whether FERPA applies in this case.

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Answered on 11/09/11, 10:52 am


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