Below are some federal employment and labor laws that may apply to your business based on the size of the company and other factors. These statutes are often lengthy and the regulations and court decisions that correspond to each statute are also voluminous: 

• The Age Discrimination in Employment Act of 1967

• Title VII of the Civil Rights Act of 1964

• The Fair Credit Reporting Act

• The Americans with Disabilities Act of 1990

• The Family and Medical Leave Act of 1993

• Consolidated Omnibus Budget Reconciliation Act of 1985

• Genetic Information and Nondiscrimination Act of 2008

• The Equal Pay Act of 1990

• Section 1981 of the Civil Rights Act of 1866

• The Uniformed Services Employment and Re-employment Act of 1994

• Worker Adjustment Retaining and Notification Act

• National Labor Relations Act

• Occupational Safety and Health Act of 1970

• The Immigration Reform and Control Act of 1986

• The Fair Labor Standards Act

The counseling we provide is always with complete recognition that maximizing the client’s business position is as important a priority as avoiding litigation. Some of the best ways Texas employers can minimize risk include:

• Proactive, preventive maintenance is the most effective way of avoiding costly litigation, so remaining vigilant and forward thinking are paramount. Our Texas Employment Attorneys can help employers anticipate problems before they occur

• Being active in counseling clients on day-to-day employment issues as they arise

• Reviewing hiring, disciplinary or discharge decisions; One of the primary areas of focus for employers is understanding the legal requirements for hiring and terminating employees in Texas. From ensuring compliance with employment eligibility verification to navigating at-will employment principles, employers must be vigilant in adhering to state and federal regulations to mitigate the risk of legal disputes

• Reviewing policies, programs and compensation plans for compliance with the Title VII, FMLA, ADA, FLSA, ADEA, O.R.C. § 4112 and dozens of other employment laws

• Advising employers during reductions in force

• Providing supervisor training on issues such as employment-at-will, equal employment opportunity and workplace harassment; the prevention of discrimination and harassment in the workplace is paramount

• Employers must implement robust policies and procedures, provide comprehensive training, and foster a culture of inclusiveness to create a safe and respectful work environment for all employees. By proactively addressing these issues, employers can minimize the risk of costly litigation and protect their reputation

• Preparing employment agreements such as non-compete agreements. These present significant considerations for Texas employers. While these agreements can protect legitimate business interests, they must be carefully drafted to be enforceable under Texas law 

• Understanding the limitations of non-compete agreements and striking the right balance between protecting company interests and employees’ rights is essential.

• Implementing alternative dispute resolution programs 

• Employers must stay abreast of Texas-specific rules regarding employee benefits, workplace safety, overtime pay, and compensation 

• By staying informed and seeking guidance from experienced legal professionals, employers can ensure compliance with state regulations and avoid potential legal pitfalls

• Managing a business with employees requires constant attention to the challenges of maintaining a productive workforce

• Part of this effort must be directed to ensure compliance with government employment standards and any industry best practices

• We are dedicated to counseling business managers on how to achieve these goals and to avoid workplace disputes and other business interruptions 

• With efficient problem-solving as a top priority, we have helped countless clients to overcome legal hurdles and focus on their business goals 

• We assist employers with adherence to best practices for managing their workforce effectively and promoting a professional environment geared toward optimal productivity 

• Our attorneys are experienced in all aspects of employment counseling

• We counsel management on compliance issues with federal and state laws and regulations governing employer-employee relationships, including wage and hour restrictions, family leave benefits and prohibitions on discrimination and other unfair treatment

• Documents setting forth company personnel policies and procedures must be carefully composed to provide clarity and prevent ambiguity. This includes Employee Handbooks. We assist not only in drafting handbooks but also in reviewing them in view of court interpretations and other changes in the legal landscape

• Defining workers as employees or independent contractors is subject to restrictions and carries legal consequences. The status of an employee's classification is often critical 

• We are skilled at making sure independent contractor agreements are properly drawn up and do not run afoul of state or federal law

• We are experienced at drafting employment contracts that govern such essential provisions as compensation, severance, confidentiality, noncompetition and non-solicitation

• A company's proprietary information, customer lists, trade secrets and private data are all valuable assets that require protection. Our Texas Employment Attorneys know how to protect confidential material. We have deep experience preparing agreements and other legal devices to restrict your employees from illicit sharing of these properties

We counsel employers on how best to handle internal employment matters, before they become fires. Our goal is to entirely avoid time intensive and ever more costly lawsuits. At the very least, we like to prepare our clients to successfully defend against an employee’s lawsuit or claim if it arises. 

We are available to answer questions from management and human resources managers or personnel who need guidance and advice about how to handle a particular issue that may arise on a day-to-day basis.  Our consultations may save an employer from unneeded expense and from future claims and litigation. We evaluate how each law affects an employer based upon the specific nature, size and location of the business. Our knowledge includes federal and state laws, and we can also help with local ordinance compliance. We advise our clients on day-to-day workplace issues and train management on compliance and tactics to avoid lawsuits. We provide several services to assist Texas employers with issues involving a number of local, state and federal administrative laws, including legal counsel related to numerous topics. Employment counsel and workplace claims prevention subject matters of our counsel might include:

• Equal Employment Opportunity Commission (EEOC)

• United States Department of Labor (DOL)

• Texas Commission on Human Relations (TCHR)

• Employment Coaching

• Policies, Procedures and Handbooks

• Wage and Hour Issues

• Claims asserted under Employment Agreements

• Texas Pay Day Act claims

• Claims Based Upon the Civil Rights Acts of 1964 and 1991

• Non-Compete/Non-Solicitation Agreements

• Confidentiality Agreements and Trade Secrets

• Management Training Seminars

• Age Discrimination cases

• Title VII Cases based on race, sex and religion

• Section 451 of the Texas Labor Code (Retaliation for Filing a Workers’ Compensation Claim)

• Texas Non-subscriber Cases

• Occupational Safety and Health Administration (OSHA) Claims and Investigations

• Texas Workforce Commission

• Inspections of business premises to help identify any part of a building that is not ADA compliant

• Preventative Safety and Workplace Injury Advice

• Negligent Hiring/Retention/Supervision

• Older Workers Benefit Protection Act

• Paternity Leave

• Alternate Dispute Resolution (ADR)

• Disability Access / ADA Title III Compliance

• E-Discovery and Records Retention Employment Counseling

• Workplace Claims Prevention

• Employment Investigations

• Audits

• Employment Training

• WARN Act

• Accessibility and Public Accommodation (Title III of the Americans with Disabilities Act (ADA))

• Separation Agreements

• ADA Disability, including Reasonable Accommodations

• Family Medical Leave Act (FMLA), including Leave of Absence issues

• Discrimination

• Fair Credit Reporting Act

• Fair Labor Standards Act (FLSA)

• Age Discrimination and Employment Act (ADEA)

• Executive Employment Agreements

• Compensation

• Employment Torts

• Independent Contractor Issues

• Internal Investigations

• Drug Testing

• Discipline

• Hiring Procedures

• Background Checks

• Employee Handbooks

• Pregnancy Discrimination Act, Maternity Leave and Breastfeeding Rights

• Harassment

• Hostile Work Environment

• Reductions in Force and Retaliation

• Administrative Proceedings

• Discharge

• Retaliation

Legal disputes may arise even at a company that is diligent about legal and regulatory compliance. An employee’s claim of harassment, discrimination, retaliation or other misconduct can become a legal quagmire. Our team of experienced professionals helps companies deal with such potential liabilities in many ways:

• Whether an employee complaint is made formally or informally, a prompt and decisive response can help mitigate exposure to damages. 

• We assist management in getting to the truth of the allegations in order to take appropriate legal action.

• Employers must stay abreast of Texas-specific rules regarding employee benefits, workplace safety, overtime pay. We provide regular counsel and updating to our business clients

• Administrative Agency Legal Representation is often critical.  When the Equal Employment Opportunity Commission (EEOC) or Texas Workforce Commission (TWC) investigate charges of harassment, discrimination or retaliation, we are skilled at responding and coming up with workable solutions that may avoid having to go to court

• We strive to get all claims against our business clients dismissed. The Texas employers that we represent benefit from the fact that we know what our client's defenses are and we know how to best present them

• We know how to negotiate a favorable settlement if that is a better option in a particular instance

• When litigation arises, we are experienced at managing the ligation of charges of discrimination and other misconduct in federal and state courts

Employment policies, procedures, and handbooks are crucial documents. They are important for establishing clear expectations, ensuring consistency, minimizing legal risks, and fostering a positive work environment. They provide a framework for employee behavior, decision-making, and conflict resolution, ultimately contributing to a more productive and fairer workplace. An employee handbook is an especially critical document; and a poorly written handbook may create legal troubles. Our team has the knowledge to help companies draft handbooks and policies that suit the environment and the industry of a particular company and is legally compliant at the local, state and federal levels. Some examples of why these items are so critical:

Well written policies, procedures, and handbooks enhance the prospects of an employer complying with federal laws, state laws and local ordinances. 

• A good handbook helps new employees quickly understand company culture, policies, and procedures, facilitating a smoother onboarding process.

• Handbooks can help companies meet certain legal requirements, such as those related to workplace safety or disciplinary procedures. 

• A poorly written handbook may create a confidentiality policy that is too broad and therefore unenforceable

• A well-written handbook can help protect the company from legal issues like wrongful termination, harassment, and discrimination claims by demonstrating clear policies and procedures. 

• Skillfully drafted handbooks can serve as a solid defense in an employment litigation matter

• Well outlined and clear expectations and fair treatment can lead to increased productivity and employee satisfaction

• Policies and procedures outline the employer's expectations for employee conduct and performance, ensuring everyone understands their roles and responsibilities. 

• A handbook ensures that policies are applied consistently across the organization, preventing perceptions of unfairness or discrimination. 

• Well-crafted employment policies, procedures, and handbooks are not just administrative tools, but essential components of a successful and legally sound workplace. They create a foundation for fairness, productivity, and a positive work environment. 

• A poorly written handbook, policy or procedure may create legal troubles by containing items that are illegal in a particular state or county

• A poorly written handbook may unintentionally include or serve as a contract

• It is a mistake not to include a detailed technology policy in this day and age. It is the information age, and data and sensitive information need protection

• Policies and procedures provide a framework for addressing conflicts and disputes, helping to resolve issues before they escalate

• Policies and procedures establish the foundation for the employment relationship by outlining expectations and providing a clear understanding of the company's values. 

• Disciplinary procedures that are too rigid can become problematic

• There are many other potential pitfalls (the number of potential pitfalls could fill a book) that warrant caution when drafting an employee handbook or employment policy

Wage and Hour disputes are on the rise. We can assist clients to develop legally compliant payroll practices and procedures. We are also can assist in dealing with wage and hour investigations by the Department of Labor and Texas Workforce Commission. Some examples of Wage and Hour Issues that Employers in Texas run across include:

• Off-the-clock

• Misclassification

• Unpaid overtime

• Improper deductions from paychecks

• Tip credits

• The use of pay cards to compensate employees

• The fluctuating work week

• Utilize consulting employment counsel to assist the employer to develop solid payroll practices and procedures

• Train internal wage and hour compliance teams

• Conduct wage and hour training

• Ensure accurate timekeeping

• Properly classify employees, pay correctly

• Maintain detailed records

• Put in place redundancies to make sure employees are paid correctly 

• Adhere to minimum wage and overtime laws

• Properly document all payday practices

• Address any wage disputes promptly and transparently

• Conduct cost-effective wage and hour audits

• Take a proactive approach to identify compliance issues and allow employers to have a better handle on such these issues in advance of a lawsuit

• Our Texas employment attorneys help employers assess the credibility of accusations and complaints of various kinds. We achieve this by conducting objective and impartial investigations. 

• We recommend proactive outside counsel if there are unresolved questions that enable our clients to better minimize or prevent litigation.

• We conduct fair and thorough investigations to gain a better understanding of any employment law issue to try to derail any potential lawsuit or claim

• If allegations against an employee are supported by the investigation, we work with our clients to determine the appropriate steps to correct the situation that exists

• We will make recommendations as to discipline to end the conduct, such as counseling, written warning, demotion or termination

• We will also help determine if any action is necessary toward the complainant.

• If the complaint is not supported by the investigation, we offer advice about counseling one or more parties.

• If allegations against the company by an employee are supported by the investigation, we will also address that scenario objectively and recommend next steps to the Employer

• E-discovery has been evolving and developing at a rapid pace over the past few years

• In Texas employment law, e-discovery (electronic discovery) is crucial for employers because it involves the identification, collection, and production of electronically stored information (ESI) that may be relevant to a legal case

• With the explosion of technology, the volume of electronic records involved in litigation can be overwhelming

• Employment Law Counsel should always be consulted, even before litigation commences, to make sure there is a strategy in place to maintain records safely, legally and efficiently

• Employers should not underestimate the importance of a legal team that is well learned in e-discovery 

• By leveraging technology and legal expertise, eDiscovery ensures that the employee's documents are managed and reviewed efficiently, accurately, and cost-effectively

• Effective e-discovery is essential for both employers and employees in employment litigation, as it can significantly impact case outcomes

• If a company fails to comply with the ever-changing legal standards involved in e-discovery, the company may be accused of spoliation of evidence

• Up-to-date retention and destruction policies should be developed by the legal team which are best suited for a particular business

• Be prepared to utilize a range of defense strategies 

• Determine if there was employee misconduct such as violations by the employee of regulations or policies due to the employee’s own responsibility

• If an Employer can show that it neither created nor exposed employees to the cited hazard, that employer may be able to invalidate the citation

• The burden of proof is on OSHA to demonstrate that any alleged violations pose immediate or direct dangers to employees

• Consider the defense of Impossibility of Compliance due to impossible or unsafe circumstances given the nature of the business or the work environment. 

• If there are multiple employers on a job site, it can be argued that the wrong employer was cited by OSHA. For instance, there sometimes may be confusion about the role of each contractor at a job site

• Employers may challenge citations when violations target equipment that is not actually in use

• Many incidents can actually arise outside the course and scope of employment, and may be defended accordingly

• Act immediately to engage employment law counsel to conduct independent investigations, talk to witnesses and advise on preservation of evidence 

• In Texas, outside counsel plays a crucial role in handling both employment law agency inquiries and EEOC charges

• Outside counsel well versed in employment law, possess deep knowledge of Texas and federal laws and regulations governing workplace discrimination

• We can provide valuable advice on how to navigate the complex EEOC process, respond effectively to allegations, and strengthen the case

• When an employer receives notice of an EEOC charge, they should promptly designate outside counsel to handle the matter and inform the EEOC of this representation

• In partnership with the client, outside counsel defends the charge aggressively

• Texas outside counsel investigates the substance of the charge allegations

• Texas outside counsel reviews pertinent documents, typically provided by the Employer

• We interview key witnesses

• We provide clients with an assessment of the risks associated with the charge.

• Outside counsel works with the employer to prepare a thorough and timely response, known as a position statement. We defend the charge by drafting persuasive position statements and responses to the agency’s requests for information.

• Outside counsel will navigate the investigation process, including potential mediation, and work to resolve the charge favorably for the Employer.

• Texas outside counsel helps protect the Employer's rights throughout the investigation and through legal proceedings

• Employment Agreements

• Independent Contractor Agreements

• Non-Competition and Non-Solicitation Agreements

• Employee Recruiting

• Job Descriptions

• Advise employers on discrimination and harassment issues

• Employee Handbooks

• Prepare employment and severance contracts as well as separation agreements

• Keep businesses updated on legal developments that affect operations

• Background Checks / New Hire Practices

• Assist employees to manage layoffs and plant closures in compliance with the law

• Provide management training to help managers comply with legal requirements and avoid liability

• Drug Testing and Substance Abuse Practices and Policies

• Employment Policies

• Principles in Texas and federal law that apply to hiring, firing, and employment terms

• Arbitration Clauses

• Compliance with the Affordable Care Act, Family and Medical Leave Act, and ERISA

• Employee Performance Management

• Employee and Internal Investigations

• Draft company handbooks, policy manuals, and procedures to minimize liability and ensure compliance

• Disciplinary and Termination Practices and Policies

• Separations of Employment

• Wage and Hour, Immigration Compliance, and I-9 Audits

• Guidance on employee benefits issues

• Employment Protocols and Best Practices

• Privacy, Social Media, and Information Management

• Disability and Leave

• Explain and advise on the application of Title VII and other anti-discrimination provisions

• Sexual Harassment Practices, Procedures, and Training

• Profit Sharing Agreements

• Stock Option Plans

• Confidentiality and Non-Disclosure Agreements

• Separation of Employment Agreements

• Executive and Management Compensation Plans and Programs

• Assist with compliance of workers’ compensation laws and advise on claims management

Employee Handbooks can be customized to meet a particular employer's needs or industry sector requirements. The types of things typically included are:

• Welcome and Introduction

• History and Background Information about the Company

• Mission, Vision, and Values: A statement of the company's core purpose and guiding principles

• Employment Practices

• Code of Conduct

• Expectations for Employee Behavior

• Anti-Harassment and Non-Discrimination Policies

• Attendance and Punctuality: Guidelines on work hours, breaks, and reporting absences

• Dress Code: Specifications on appropriate attire for the workplace

• Social Media Policies: Guidelines for using social media, whether work-related or personal

• Drug and Alcohol Policy: Rules regarding substance use in the workplace

• Health and Safety: Information on workplace safety procedures and emergency protocols

• Compensation and Pay Practices

• Pay Structure: Information on how employees are paid (salary, hourly, etc.)

• Performance Reviews: Information on how performance is evaluated and how raises and promotions are determined

• Conflict of Interest: Guidelines for avoiding situations where personal interests conflict with company interests

• Policies to Support a Productive Workplace

• Technology in the Workplace: Policies on using company equipment, internet, email, and other technology resources

• Confidentiality and Protection of Company Property and Information

• Travel Policies and Reimbursement of Expenses

• Performance Expectations

• Disciplinary Procedures and Process: A clear explanation of the steps involved in disciplinary actions

• Termination Policy: Guidelines for employee termination, including reasons for termination and the process involved

• Equal Opportunity Statement: Confirmation of the company's commitment to equal opportunity and non-discrimination

• Health and Safety

• Employee Benefits: Details about health insurance, retirement plans, paid time off, and other benefits

• Time Off Work: Vacation and Sick Leave policies; information on other types of leave such as family or bereavement leave

• Separation of Employment

• Employee Handbook Acknowledgment and Consents with At-Will Statement

• Independent Contractor Agreements

• Employment Agreements

• Management Agreements

• Non-Disclosure (NDA) Agreements

• Non-Solicitation Agreements

• Non-Competition Agreements

• Proprietary Use Agreements

• Employee Confidentiality Agreements

• Standard Operating Procedures Agreements

• Staffing Services Agreements

• Temporary Personnel Services Agreements

• Intellectual Property Agreements

• Representation Agreements

• EEOC Charge and Response Documents

• Severance Agreements

• Assignment Agreements

• Subrogation Agreements

• COBRA Documents

• Contribution Agreements

• Termination Agreements

• Mutual Releases

• Mutual Performance Agreements

• Wage Deduction Agreements

• Separation Agreements

• Temporary Agreements with Independent Contractor

• Consulting Agreements

• Arbitration Agreements

• Executive Employment Contracts

• Non-Interference and Non-Recruitment Covenants

• IT Services Contracts

• Non-Disparagement Agreements

• Executive Equity Award Employment Agreements

• Employee Pre-Employment Screening Services Contracts

• Hold Harmless Agreements

• Employee Election and Arbitration Agreements

• Customer List Purchase Agreements

• Broker Agreements

• ERISA Plans

• Work Injury Benefit Summary Plan Descriptions

• Agency Agreements

• Protocol Agreements

• Insurance Agreements

• Workers' Compensation Insurance Policies

• Consulting Agreements

• Mutual Performance Independent Contractor Agreements

• Employment for Term Agreements

• Employee Restrictive Covenant Agreements

• Staff Leasing Termination Agreements

• Restrictive Covenant Agreements

• Human Relations (HR) Services Agreements

• Employment at Will Agreements

• Volunteer Service Agreements

• Restrictive Equity Unit Agreements

• Equity Incentive Plans

• Stock Option Agreements

• Employment Benefits Agreements

• HIPAA Information Authorizations and Agreements

• Commission Structure Agreements

• Generation of Customer Lead Agreements

• Contracts of Stock Purchase and Sale

• Profit Splitting Agreements

• Mutual Confidentiality Agreements

• Service Level Agreements

• Professional Services Contracts

• Independent Contracting Agreements for Event Planning Services

• Employment Practices Liability Insurance (EPLI) Policies

• Employee Policy Handbooks

• Proprietary Information and Invention Agreements

• Trade Secrets Protection Agreements

• Incentive Plan Goals for Employees

• At-Will Employment Acknowledgment and Agreements

• Texas Occupational Benefits and Employers Liability Policies

• Management Incentive Plan Agreements

• Electronic Communications Disclosure Agreements

• Exit Interview Forms

• I-9 Employment Forms

• Corporate Account Vehicle Rental Agreements

• Insurance Agency Commission-Based Employment Contracts for Sales Representatives

• OSHA Agreements

• Professional Employer Organization (PEO) Agreements

• Payroll Services Contracts

• Staff Leasing Agreements for Transportation Companies

• Professional Services Contracts for Airport Consulting Services

• Post-Retirement Services Agreements Between Surety and Executive

• COBRA Continuation of Coverage Administrative Services Agreements

• Professional Athlete Player Contracts

• Leave of Absence Request Forms

• Offer Letters

• Performance Appraisal Forms

• Employment Verification Documents