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Texas

Employment Lawyer Network:
Texas

Michael W. Fox (Editor)

Texas Employment Law

Michael.Fox@OgletreeDeakins.com
(512) 344-4711

Click for Full Bio

Michael W. Fox, Esq., of Ogletree Deakins in Austin, has more than 30 years of experience representing employers. He has been Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization since 1980 and is a Fellow in the College of Labor and Employment Lawyers. He has been regularly listed in the Best Lawyers in America in Labor and Employment Law, as a Texas Monthly ’Super Lawyer’ in employment litigation.

NLRB joint-employer rule blocked from taking effect

03/18/2024
A federal judge in Texas has vacated the National Labor Relations Board’s new joint-employer rule, calling it “arbitrary and capricious.”

How to save millions even if you lose in court: Good-faith investigation can prevent huge punitive damages

03/13/2024
Always investigate every HR complaint, even if you think it’s frivolous. Doing so can help you dodge a huge punitive awards verdict if a jury sides with a fired worker. What matters most is that the investigation is done in good faith.

Small employers in EEOC’s crosshairs: Ensure owners understand age-bias rules

03/08/2024
If you’re an HR professional working for a small business, make sure all employees—including senior executives and the company’s owner—understand they can’t discriminate against older workers or harass them because of their age. The EEOC expects HR pros to speak truth to power by educating everyone on acceptable behavior.

PWFA enforcement halted in Texas

03/04/2024
A federal judge has ordered the federal government not to enforce the Pregnant Workers Fairness Act in Texas after the state government filed a lawsuit contesting how the law was passed.

Lessen liability by quickly addressing sexual harassment

02/23/2024
Just having a policy that prohibits sexual harassment can prevent harassment from occurring. Most employers also make it easy for employees to report harassment they experience or witness.

Get written acknowledgment for every missed shift

02/02/2024
Employers that have clear rules and apply them fairly seldom lose termination lawsuits—if they can prove their employees understood the rules. One of the best ways to demonstrate that is by consistently having workers acknowledge that they broke a rule. Do this at the time you discipline the worker, pointing out what rule they broke. A brief written disciplinary notice with a space for the employee’s signature should to the trick.

Develop a process for extending FMLA leave

01/26/2024
Every employer needs a clear process for handling requests for additional time off after an employee exhausts FMLA leave. How you handle those requests can make the difference between winning and losing a disability discrimination lawsuit.

Happy holidays! 8 essential rules for seasonal pay and hiring

11/03/2023
Questions regarding overtime, holiday pay and seasonal hiring often arise this time of year. Here are the eight simple rules you need to know to make this holiday season run smoothly.

You can’t dodge Title VII by misclassifying employees as independent contractors

10/25/2023
One benefit of engaging independent contractors to perform work is that contractors don’t count as employees for purposes of complying with laws such as Title VII of the Civil Rights Act. But, just calling someone an independent contractor doesn’t necessarily mean she is one. She might really be an employee.

Court shoots down one objection to the new OT rule

10/19/2023
Robert owns 14 fast-food restaurants in Texas, all employing managers classified as exempt. That means he must pay them a salary that meets the minimum salary level set when the Department of Labor last updated the overtime rules: $684 per week.