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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.

Endless time off? Indefinite leave not considered a reasonable accommodation

10/15/2019
Employers don’t have to provide any additional leave to workers who can’t give at least a tentative return date.

Resist assuming that employee’s disability might cause a safety hazard

10/15/2019
Challenging a disabled employee’s capacity for work can backfire badly, especially if it looks as if the decision to challenge was really based on disability discrimination and harassment.

Nepotism isn’t necessarily discriminatory

10/15/2019
Justified or not, unsuccessful candidates without an inside track may feel as if they were cheated because they weren’t related to someone with influence, who could pull strings to help them. That disappointment won’t necessarily mean they will be able to turn charges of blatant nepotism into a Title VII discrimination case.

Whistleblowers protected by state and federal law

10/10/2019
Under the federal False Claims Act, employees who report alleged fraud in the spending of federal money are protected from retaliation for doing so. If a jury concludes the employer retaliated, the worker is entitled to back and front pay, plus other damages.

Play by overtime rules or be prepared to pay

10/10/2019
Don’t try to game the system by making workers clock out and keep working, failing to record extra time worked or suggesting that the extra hours constitute “volunteer” work.

Beware retaliation against whistleblowers

09/12/2019
Think twice before disciplining or otherwise punishing an employee who has reported workplace wrongdoing. Whistleblower protection remains in force regardless of the merits of the employee’s allegations.

Drywall company can’t paper over wage violations

09/04/2019
Rice Drywall has agreed to pay 558 employees $354,763 in back wages after investigators from the U.S. Department of Labor’s Wage and Hour Division found the company misclassified employees as independent contractors.

Fort Worth beverage distributor resolves bias complaints

09/04/2019
A Fort Worth beverage distributor that is also a federal contractor agreed to pay $350,000 in back pay and interest to resolve charges it steered applicants into specific jobs based on their gender, race and ethnicity.

Failure to accommodate depression costs $75,000

09/04/2019
A Dallas-area defense contractor has agreed to settle charges it violated the ADA when it refused to accommodate an engineer’s depression.

Review prior complaints before terminating

09/04/2019
Before approving any recommendation to terminate a worker, review HR records to see if the worker has filed any discrimination or harassment complaints. Ensure the recommendation wasn’t motivated by retaliation.