Ted Smith, JD

DCF 1.0


Ted Smith is a Board-Certified Labor and Employment attorney who specializes in representing employers in all aspects of the employer-employee relationship, from training and advice to litigation and appeal. In particular, Mr. Smith has significant experience in litigating and counseling clients regarding federal and state employment statutes (including Title VII, the TCHRA, the FLSA, the ADEA, the ADA, ERISA, COBRA, the WARN Act, and the NLRB), as well as non-competition and trade secret matters, wrongful discharge matters, individual employee rights issues, retaliation under workers’ compensation laws, and matters related to unions and individual employee arbitrations. His experience also includes addressing international employment issues.

Upon graduation from law school, Mr. Smith served in the United States Army Judge Advocate General’s Corps, where among other aspects of his practice, he litigated federal labor and employment claims before the EEOC, the Merit Systems Protection Board, the Office of Special Counsel, and the Office of Special Complaints. Thereafter, he continued his Labor and Employment law practice at the national labor law firm of Littler Mendelson in Dallas, and then with the Austin office of Jenkens & Gilchrist. In 2003, Mr. Smith co-founded the law firm of Cornell Smith Mierl & Brutocao, L.L.P.

Education and Certificates

J.D., University of Texas School of Law, 1994
BBA, University of Notre Dame, cum laude, 1991

Board Certified in Labor and Employment law by the Texas Board of Legal Specialization

Honors & Awards

Ted Smith has been listed in the The Best Lawyers in America in the specialty of Labor and Employment Law since 2010. He has been honored by that publication as the 2014 Austin “Lawyer of the Year” in the area of Employment Law – Management. In addition, he has been named as a “Texas Super Lawyer” in the field of Labor Law by Texas Monthly magazine since 2003, and was recently selected to the list of “Top Attorneys in Texas.”

Lectures & Presentations

New Dept. of Labor Overtime Rules, 2016 Southwest Fuel & Convenience Expo, Austin, TX, April 2016

Co-Author, Texas Human Resources Manual (Texas Association of Business), 2003 through 2011 editions

Co-Author, Model Employee Policies and Forms for Texas Employers, (Texas Association of Business), 2003 through 2011 editions

Employment Law for Managers and Supervisors, Texas Council on Family Violence, Executive Directors’ Conference, Austin, 2015

Overtime and Independent Contractors, International Pipeline Committee Meeting, IRWA, San Antonio, 2014

Best Practices to Avoid Getting Sued By Your Employees, Texas Society for Association Executives, Austin, 2013

Employment Law 101, Right of Way Consultants’ Council National Board Meeting, Las Vegas, 2012

Wage and Hour Issues, IRWA National Conference, Seattle, 2012

The New Americans with Disabilities Amendment Act, South Texas College of Law, 24th Annual Employment Law Conference, 2011

Employment Law Issues with Social Networking, Texas Network of Youth Services, Annual Statewide Conference, 2010

RIF Light: Legal Issues in Avoiding a Reduction in Force, Texas Bar Association, 2010

Avoiding Retaliation Claims, Legislative Action Day, Austin Human Resources Management Association, 2010National Employment Law Update, University of Texas School of Law, School Law Conference, 2009

Employee Free Choice Act, Texas Association of Builders and Contractors, 2009

Reductions In Force and the WARN Act, South Texas College of Law, Employment Law Conference, 2009

Recent Amendments to the FMLA, Austin Human Resource Management Association, 2008

Employment Law Basics, Texas Society of Association Executives, 2008

Avoiding Employment Law Litigation, Capital City Medical Group Administrators, 2008

Employment Policies: What Works, What Doesn’t, South Texas College of Law, Employment Law Conference, 2007

FLSA: Changes to the White Collar Exemptions, Texas Land Title Association, 2007

Non-Competes, E-Discovery and Retaliation, Austin Human Resource Management Association, 2007

FLSA Litigation, Austin Bar Association, Employment Law Conference, 2006

Employment Law Best Practices, International Right of Way Association, Denver, Colorado, 2006

Dealing with Unwanted Unions, Texas Builder Magazine, 2005

Top Ten Employment Law Issues for Management, International Right of Way Association, Toronto, Canada, 2005

HR without an HR Department, State Bar of Texas, Representing Small Business Institute, 2004

Employment Law Update, State Bar of Texas, Litigation Update Institute, 2003