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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.

Drivers ed: Take it up with the DOT first

11/12/2015
A truck driver who is required to maintain U.S. Department of Transportation certification can’t sue his employer for disability discrimination if terminated without first pursuing remedies through the DOT. Until he’s done so, he isn’t “qualified” for the position and can’t sue for alleged disability discrimination.

Strip illegal terms from arbitration agreements

11/12/2015
If you use an arbitration agreement for Texas employees, be aware that including terms that limit the kinds of relief employees can seek in arbitration aren’t legal.

Do help desk staffers qualify for the FLSA’s computer professional exemption?

10/13/2015
Q. My company is switching to a new technology platform that will require many hours’ worth of IT support at the help desk level. The job must be done quickly, but we don’t have the resources to hire new staff. I’ve heard “computer people” are exempt from overtime requirements. Is that true?

How should I handle a reference request from a former employee who was less than stellar?

10/05/2015
Q. A former employee asked me to provide a reference to his new prospective employer. While he left the company on good terms, he had lateness problems, his performance was substandard and I was not fond of him. Am I required to act as his reference? Can he sue me for giving him a bad reference?

Am I allowed to institute a tip pool?

10/05/2015
Q. I manage a popular sports bar. May I institute a tip-pooling policy?

Know the risks when hiring third-party workers

10/05/2015
After the NLRB’s recent decision regarding its new, broader standard for “joint employer” status, it’s time to brush up on the consequences of the joint employer doctrine when engaging third-party contractors.

Suburban Dallas bar settles pregnancy bias complaint

10/05/2015
Arthur’s Bar & Restaurant in Addison, Texas, has agreed to settle a pregnancy discrimination complaint for $20,000.

Oilfield services firm settles retaliation suit for $30,000

10/05/2015
Garrison Contractors, a West Texas oil-industry construction company, has agreed to settle charges it retaliated against a female employee after she reported sexual harassment.

Slightly lower evaluation rating isn’t retaliation

10/05/2015
To constitute retaliation for engaging in protected activity, an employer has to do something that would dissuade a reasonable employee from complaining in the first place. A poor evaluation, by itself, isn’t enough.

Fired for gun in trunk: Can employee sue?

10/05/2015
A court is about to tackle a tricky issue: Does a state law authorizing employees who park in company lots to keep guns locked in their trunks also create a right to sue if the employee is fired for gun possession?