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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.

Changing nature of work affects seaman classification

07/12/2017
Generally, seamen aren’t covered by the Fair Labor Standards Act’s overtime provisions. However, it’s not as simple as one might think to decide who should be classified as a seaman.

Be on the lookout! Class-action participants may decide to file individual suits, too

07/12/2017
Ignoring notice about that case may put you on the losing end of a default judgment—or a second round of litigation.

Employees and contractors do same work? Be prepared to justify classifications

07/12/2017
Here’s a warning for employers that have regular employees and independent contractors who perform the same kind of work: If you pay the employees overtime when they work more than 40 hours in a workweek while contractors only receive straight time, you may end up facing a Fair Labor Standards Act class-action lawsuit.

Carefully analyze FLSA categories to make correct exempt/nonexempt call

07/12/2017
The Fair Labor Standards Act is now almost a century old. What hasn’t changed is the simple fact that trying to figure out the exempt or nonexempt status of a position requires applying the definitions of each exemption to the actual day-to-day work being done.

Several great candidates is a good problem!

07/12/2017
Bad news: A qualified applicant you rejected may be disappointed enough to sue. Good news: Courts aren’t going to second-guess your choice among great candidates unless it is abundantly clear that you rejected someone based on discriminatory intent.

Not every suspension is retaliation

06/21/2017
HR professionals sometimes warn managers that suspending an employee without pay can backfire—even if it’s for what seem like legitimate reasons. The problem is the potential for a retaliation lawsuit if the employee has previously complained about discrimination.

Top 10 employment application mistakes employers make

06/13/2017

Employment applications may seem innocuous, but they contain a number of minefields of which employers should be aware. In general, avoid asking applicants questions that elicit information that cannot be considered when making a hiring decision.

KKK hoods lead to settlement in Houston retaliation case

06/13/2017
Downhole Technologies in Houston will pay $120,000 to settle charges it retaliated against a black employee after he complained of harassment.

Amarillo trucking company pays disabled applicant

06/13/2017
Flying Star Transport in Amarillo has agreed to settle charges it violated the ADA when it refused to hire a truck driver whose arm had been amputated when the driver was a teenager.

$150k for the hair on his chinny, chin, chin

06/13/2017
U.S. Tubular Steel Products in Houston will pay a former applicant $150,000 in damages after it refused to accommodate his religious beliefs during a pre-employment drug test.