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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.

Choose the best candidate, don’t sweat liability

11/13/2018
When you have several excellent candidates for the same position, it can be difficult to pick which one should get the offer. As long as you document why you picked one of the qualified candidates over the others, chances are you won’t lose a lawsuit.

Nix nixed light duty for pregnant employee

11/13/2018
Nix Health, a hospital in San Antonio, faces charges it violated the Preg­nancy Discrimination Act when it refused a pregnant worker’s request for a light-duty assignment.

USERRA requires reinstatement, with benefits

11/01/2018
A long-running case shows the legal trouble that can ensue when an employee alleges USERRA violations.

Clearly document the rationale for disciplinary decisions you make

10/22/2018
Before disciplining a worker, be sure to think about how you might defend the decision later. Then document all the reasons why the employee deserves the punishment you propose.

DOL weighs in: Pay for participating in wellness activities?

10/09/2018
More and more employers are providing various wellness incentives as part of their medical insurance plans to promote healthier lifestyles and choices. A new opinion letter addressed whether employees should be paid when they participate in certain activities.

Excavator will have to dig deep to pay for safety lapses

10/09/2018
El Paso Underground Construction has been cited for failing to protect its employees from trench-collapse hazards.

Payroll deductions create overtime violations for Conn’s

10/09/2018
Conn’s Appliances, based in The Woodlands, Texas, learned the hard way that payroll deductions often have unintended consequences.

Beware assigning nonexempt tasks to exempt employees

10/09/2018
Do you require exempt employees to pitch in and perform nonexempt tasks when the need arises? If those tasks are clearly outside their normal duties, this may net you an unpaid overtime claim.

It’s your responsibility to keep accurate time records

10/09/2018
Ensure that the method you use to track hours and calculate overtime is easily defensible and accurate. Under the Fair Labor Standards Act, it is your responsibility to make sure all time is accounted for.

When fired employee complains to EEOC, be sure to monitor all subsequent filings

10/09/2018
Employees who expect to be disciplined or fired sometimes go on the offensive by filing an EEOC complaint. You shouldn’t be intimidated—as long as you are convinced the discipline is legitimate and you have clear documentation of poor performance or misbehavior.