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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.

Have a hotline? Take all complaints seriously

03/06/2019
Most employers have heard that setting up a hotline so employees can report discrimination will help them defend against lawsuits later. But that hotline can also bite the employer if it doesn’t take complaints seriously and try to fix reported problems.

Denied lateral transfer isn’t adverse action

03/06/2019
Generally, a worker cannot win a discrimination lawsuit without showing he experienced an adverse employment action such as discharge or demotion. A denied lateral transfer may not count.

Bill would ban local paid-leave laws in Texas

03/06/2019
In the wake of passage of paid-leave ordinances in Austin and San Antonio, state Rep. Matt Krause (R.–Tarrant County) has proposed legislation that would clearly state that Texas municipalities do not have the authority to enact laws requiring employers to offer paid leave.

Taxpayers no longer on hook for Capitol Hill harassment

02/12/2019
President Trump signed legislation that holds members of Congress personally liable for legal bills incurred as a result of civil actions that result in damage awards or settlements.

Honest business decisions are rarely discrimination

02/12/2019
Terminating a service contract based on the contractor’s race may violate Section 1981 of the Civil Rights Act of 1866. However, that’s a tough case except in cases of blatant discrimination.

Track requests to show: It was his idea!

02/12/2019
When an employee asks for a transfer or some other change to his working conditions, be sure you track the request. That way, if he later alleges coercion, discrimination or retaliation, you can show it was all his idea in the first place.

Watch 180-day deadline for complaints under Texas Commission on Human Rights Act

02/12/2019
Employees alleging discrimination under the Texas Commission on Human Rights Act have 180 days from the date of the last discriminatory act to file complaints with either the Texas Commission on Human Rights or the EEOC.

Beware contractor misclassification when buying labor through third party

02/12/2019
Merely calling someone an independent contractor (or even hiring them though a third party) won’t shield you from overtime liability if the worker should have been classified as an employee.

FMLA can’t be used to create long weekends

02/12/2019
Employees who meet the minimum service and medical requirements are entitled to intermittent FMLA leave. But what if they appear to be abusing their FMLA rights to gain favorable schedules, in the process creating staffing problems for the employer?

Tell bosses: Stifle all age-related comments

02/12/2019
It’s your job to make sure no one in authority makes comments that can be perceived as ageist, sexist, racist or otherwise discriminatory. Ignoring comments won’t make them go away.