News

  • Department of Labor Issues Final Rule on Employee–Independent-Contractor Classification Under the Fair Labor Standards Act

     

     

  • Announcing Special California Employment Law Seminars:  CSMBB’s Tenth Annual “CALIFORNIA LAW FOR TEXAS EMPLOYERS” seminar is set to occur on January 17, 2024 both in person and Via Zoom. Scott Brutocao will provide a comprehensive summary of the ways that California employment laws differ from Texas’ laws, as well as a review of all the new employment laws for California employers in 2024. In addition, Scott Brutocao will deliver the Fourth Annual “CALIFORNIA LEAVE OF ABSENCE BOOT CAMP FOR TEXAS EMPLOYERS” via Zoom on January 24, 2024 in which he will summarize all leave-related laws applicable in California, provide form policies and postings that comply with those laws, as well as compliance strategies for common leave situations. Discounts are available for Firm clients and for anyone who registers for both programs.  To register, email seminars@cornellsmith.com.

  • The Federal Trade Commission has recently proposed a rule that, if finalized, would significantly limit the use of non-competition clauses (or their functional equivalents) in employment agreements. For Cornell Smith’s analysis of the proposed rule, please click here.

  • Susan P. Burton joins two non-profit boards in June 2022: Paws Shelter of Central Texas and Greater Austin Sports Foundation.

  • Andrew Broadaway and Desiree Brutocao were congratulated by their colleagues and the Texas Board of Legal Specialization in January for attaining their Labor and Employment Board Certification.  Desiree and Andrew bring the total number of Board Certified Labor and Employment lawyers at the firm to seven, the highest concentration of L&E-certified specialists at any firm in Austin.

  • What Texas Employers Need to Know About Gov. Abbott’s Executive Order on Vaccine Mandates

  • The listing of the 2021 Texas Super Lawyers has been released.  All five of CSMBB’s named partners have been named: Connie Cornell, Ted Smith, and Susan Burton have been listed in the category of Employment & Labor, while Steve Mierl and Scott Brutocao have been listed in the category of Employment Litigation – Defense.

  • Connie Cornell and Scott Brutocao will be presenters at the Austin Accounting & Finance Leaders Conference recently rescheduled for April 21, 2022.

  • The listing of the 2022 Best Lawyers in America© has been released, and all five of CSMBB’s named partners have been named in the category of Employment Law – Management.  In addition, Connie Cornell, Ted Smith, and Steve Mierl have been listed in the category of Labor Law – Management, while Scott Brutocao and Susan Burton have been listed in the category of Litigation – Labor and Employment.  Steve Mierl has been listed in a third category, Employment Law – Individuals.

    CSMBB is proud to announce that both Andrew Broadaway and Alan Lin are listed in 2022 Best Lawyers®: Ones to Watch in the category of Litigation – Labor and Employment, recognizing attorneys with 5 to 9 years of private practice who have demonstrated outstanding professional excellence.

  • Connie Cornell has been recently named among Austin’s Top Attorneys 2021, Labor & Employment Law, as listed by Austin Monthly in its August 2021 Issue.

  • Ted Smith will be speaking on October 6, 2021 at the Association of Legal Administrators’ 2021 Annual Conference & Expo on “Navigating the 2021 Workplace:  An Employment Law Update.” The Conference will be held at the Austin Convention Center.

  • Scott Brutocao will be speaking on a panel on “Reintegrating the Workforce” at this year’s Bench-Bar Conference on September 10, 2021 at Austin Country Club.  This year’s theme is “Emerging from the Pandemic.”

  • Scott Brutocao and Desiree Brutocao will be presenting a seminar for the Austin Bar’s Labor & Employment section on “California Employment Law for Texas Lawyers” on September 1, 2021.

  • The popular one day course, “Essential Employment Law: A Practical Course in the Basics,” presented by UT CLE is set for August 20, 2021.  This course is targeted for HR Professionals and lawyers entering this practice area.  The faculty will include Connie Cornell and Katrina Grider.  You can register here: https://utcle.org/conferences/EE21/order-form

  • Connie Cornell will be co-presenting with Katrina Grider at the Texas State Bar’s on 19th Annual Governance of Nonprofit Organizations webcast on August 26, 2021. http://www.texasbarcle.com/materials/Programs/4196/Brochure.pdf

  • Scott Brutocao and Connie Cornell will be presenting at the TXCPA Austin Accounting & Finance Leaders Conference, September 23, 2021.

  • Cornell Smith Mierl Brutocao Burton has been named to the recently announced 2021 “Best Law Firms™” listing by U.S. News and World Report,® Best Lawyers in America,® and Woodward/White, Inc. The firm has a Tier 1 Ranking for Austin in each of the following practice areas:  Employment Law – ManagementLitigation – Labor & Employment, and Labor Law – Management and a Tier 2 Austin Ranking for Employment Law – Individual.

  • Connie Cornell will be a co-presenter on “Achieving an Equitable Workplace,” at the University of Texas School of Law’s Nonprofit Organizations Institute scheduled January 20-22, 2021. Joining her in addressing this timely topic will be Katrina Grider, EEOC Associate Director for Curriculum, Training, and Education – Revolving Funds Program.

  • Susan Burton will be co-presenting on February 5, 2021 at the Texas Bar CLE Advanced Employment Law Course, Co-Sponsored by the Labor & Employment Section of the State Bar of Texas. The topic is “Remote Depositions and Hearings.”

  • The Best Lawyers in America© by Woodward/White, Inc. for 2021 includes:

    Connie Cornell:  Employment Law – Management and Labor Law – Management

    Ted Smith:  Employment Law – Management and Labor Law – Management

    Steven L. Mierl:  Employment Law – Management, Employment Law – Individuals, Labor Law – Management and Litigation – Labor and Employment

    Scott Brutocao: Labor Law – Management and Litigation – Labor and Employment

    Susan Burton:  Employment Law – Management and Litigation – Labor and Employment

    Connie Cornell was also named Austin’s “Lawyer of the Year” for Employment Law – Management and Ted Smith was named Austin’s “Lawyer of the Year” for Labor Law – Management.

    Andrew J. Broadaway and Alan Lin were named as “Ones to Watch” in Litigation – Labor & Employment.

  • Austin Monthly’s July 28, 2020 listing of “Austin’s Top Attorneys 2020” designates Susan Burton and Connie Cornell in the category of Labor and Employment Law.   They were further distinguished as two of only ten attorneys listed across all practice areas to receive Legacy Awards – representing “the best of the best with more than 30 years of experience.”

  • On August 21, 2020, Connie Cornell was once again a member of the two person faculty for this year’s “Essential Employment Law: A Practical Course in the Basics,” sponsored by UTCLE. This practical course provides detailed written materials and is ideal for HR professionals and beginning employment lawyers.

  • Connie Cornell presented a 2020 Employment Law Update for the following conferences: August 20, 2020  – Texas State Bar’s 18th Annual Governance of Nonprofit Organizations;  September 23, 2020 –  TXCPA Austin Accounting & Finance Leaders Conference and November 4 & 5, 2020 – TXCPA Austin Annual Tax Conference.

  • Susan Burton was a co-presenter on the topic of “Sex and Religion: What Every Employment Lawyer Needs to Know About The Recent Landmark SCOTUS Decisions,” for an August 5, 2020 lunch Zoom meeting of the Austin Bar Association Labor and Employment Law Section.

  • Client Alert: DOL Issues Additional Guidance on Paid Sick Leave and Expanded Family and Medical Leave – “Shelter in Place” Does Not Trigger PSL or EFML Benefits

  • Families First Coronavirus Response Act – Summary of Key Provisions for Employers (UPDATED to include U.S. Department of Labor Guidance)

  • Client Alert: DOL Issues Q&A on Families First Coronavirus Response Act and Sets Effective Date of April 1, 2020

  • The Firm held a webinar on Employment Law Aspects of COVID-19 on March 24, 2020. You can watch the recording here.

  • ANNOUNCEMENT – We are pleased to welcome Kelly Klingseisen as a new associate in Cornell Smith Mierl Brutocao Burton, LLP.   After receiving her J.D. from SMU, summa cum laude, Kelly became licensed in Texas in 2013.  Since her clerkship at the Texas Supreme Court, she has practiced at global law firms, where litigating and advising employers was a significant focus of her work.   Click here to learn more about Kelly.

  • ALERT – PREPARE FOR THE CORONAVIRUS.  The CDC (Centers for Disease Control) has provided “Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19).”   Up to date information is also available from OSHA and the World Health Organization.

  • Susan Burton spoke on “LGBTQ +101-Current Issues in Family and Employment Law” at the March 27, 2020 Austin Bar Association’s 4th Friday CLE.

  • Susan Burton spoke at the Federal Defender Conference held March 3, 2020.  She addressed the Lawyer Executive Directors of Community Defender Organizations from across the United States on the topic:  “Lawyers as Supervisors: Employment Law Basics and Practical Tips for Managing Your Workforce.”

  • We are proud to welcome Andrew J. Broadaway as a new partner in Cornell Smith Mierl Brutocao Burton, LLP in January 2020.  Andrew has been a valued associate attorney at the Firm since 2015 and has represented clients in a wide range of employment litigation and advice matters, including state and federal jury trials and numerous hearings.  Andrew received his J.D. from the University of Texas, where he graduated with high honors and is a member of the Order of the Coif.  Click here to learn more about Andrew.

  • Connie Cornell was a presenter at the 37th Nonprofit Organizations Institute sponsored by UT Law CLE, January 23-24, 2020.

  • Scott Brutocao presented his Sixth Annual “California Law for Texas Employers” on Tuesday, January 14, 2020, from 9 am – 12 pm at the Norris Conference Center in Austin, TX.  This seminar is a valuable opportunity for Texas employers with employees in California to learn all about the differences between Texas and California employment laws, and to develop strategies for compliance. Learn more about the seminar.

  • Susan Burton presented on “Workplace Impact of Marijuana Legalization: What Employers Need to Know” at the Austin Bar Labor & Employment Section on Nov. 6, 2019. Below are some key takeaways for employers  regarding this timely topic:

    – Review the medical cannabis and anti-discrimination laws in the states/cities where you conduct business.

    – Review your drug policy to make sure it prevents the possession, use, or sale of…

    Read More

  • Cornell Smith Mierl & Brutocao has been named to the recently announced 2020 “Best Law Firms™ listing by U.S. News and World Report,® Best Lawyers in America® and Woodward/White, Inc. The firm is currently has Top Tier 1 Ranking in each of the following practice areas:  Employment Law – ManagementEmployment Law – IndividualLitigation – Labor & Employment; and Labor Law – Management.

  • ALERT From USCIS–Continue to Use the Current Form I-9 for Employment Eligibility Verification.  Until further notice, employers should continue using the Form I-9 currently available on I-9 Central, even after the expiration date of Aug. 31, has passed.

  • Cornell Smith Mierl Brutocao Burton, LLP hosted its “Fall 2019 Employer Update Seminar” for clients and invited guests on October 3, 2019, at the Norris Conference Center, 2525 West Anderson Lane.  Topics included:

    Legislative & Agency Developments Impacting Employers & Update on NLRB’s New Position on Social Media Policies  –  Steve Mierl

    Implicit / Unconscious Bias in the Workplace: What It Is, How It Can Create Legal Risk, and What to Do About ItScott Brutocao

    Workplace Impact of Marijuana Legalization: What Employers Need to KnowSusan Burton

  • The Best Lawyers in America© by Woodward/White, Inc. for 2020 includes:

    Scott Brutocao: Labor Law – Management and Litigation – Labor and Employment

    Susan Burton:  Employment Law – Management and Litigation – Labor and Employment

    Connie Cornell:  Employment Law – Management and Labor Law – Management

    Steven L. Mierl:  Employment Law – Management, Employment Law – Individuals, Labor Law – Management and Litigation – Labor and Employment

    Ted Smith:  Employment Law – Management and Labor Law – Management

  • Appellate Court Deals Blow To Austin’s Earned Sick Time Ordinance – to read more, click here.

  • On August 2, 2019, Connie Cornell, Scott Brutocao, and Susan Burton presented the “2019 Essential Employment Law:  A Practical Course in the Basics,” sponsored by the University of Texas CLE.   This outstanding one-day seminar was for both attorneys and HR professionals.  See https://utcle.org/conferences/EE19 for details.

  • Scott Brutocao provided a complimentary webinar for CSMBB clients on “Transgender, Cisgender, and Gender Non-Conforming:  Complying with Employment Law in the 21st Century” on August 28, 2019.

  • Scott Brutocao presented “California Law for Texas Employers” on Tuesday, January 22, 2019, from 9 am – 12 pm at the Norris Conference Center in Austin, TX.  Learn more about the seminar.

  • Theresa-Gallion-Website-thumbnailWe are proud to announce the addition of Theresa M. Gallion as a partner in Cornell Smith Mierl Brutocao Burton, LLP.  Theresa brings a depth of experience spanning more than 35 years.  In addition to representing employers in advice, training, and litigation, Theresa also assists higher education clients regarding compliance with Title IX.  She joins us from Fisher Phillips where she was the founding partner of the Orlando and Tampa offices.  Theresa was awarded her B.A. from Louisiana State University in 1976, and her J.D. from Louisiana State University Law Center in 1981.  She is licensed to practice in Texas, Florida, and Louisiana.  Click here to learn more about Theresa.

  • Susan Burton spoke on December 11, 2018 on the Texas State Bar’s Live and Live Webcast seminar on “LGBTQ Legal Issues in Changing Times: What Every Texas Practitioner Needs to Know.” Her topic was “Employment Law Affecting the LGBTQ Community.”

  • Cornell Smith Mierl Brutocao Burton, LLP hosted its Fall 2018 Employer Update Seminar for clients and invited guests on November 15, 2018.

  • Scott Brutocao, Connie Cornell, Steven Mierl, and Ted Smith have each been named 2019 Best Lawyers in America© by Woodward/White, Inc.  In addition, Steven Mierl has been recognized as Austin’s 2019 “Lawyer of the Year” in Labor Law – Management.

  • We are pleased to announce that Alan Lin has joined the firm. Click here to learn more about Alan.

  • Court of Appeals temporarily halts City of Austin’s Earned Sick Time Ordinance – to read more, click here.

  • Scott Brutocao and Susan Burton will be presenting at the Austin Human Resource Management Association’s 2018 Annual Conference in Austin on July 27, 2018.  The topic will be “Legislative Assessment:  City of Austin’s Earned Sick Time Ordinance.”  For more information visit here.

  • A recent 5-4 U.S. Supreme Court decision ruled that employers can require as a condition of employment that employees waive their rights to participate in class or collective action lawsuits. Read the 3 takeaways for employers.

  • Ted Smith’s article, “Changes to the Overtime Rule: Where Are We Now, and Where Will We Go From Here?,” recently appeared in the February 2018 issue of Food & Fuel Magazine. Click here to read the article.

  • The City of Austin has adopted a mandatory Earned Sick Time ordinance, requiring all employers to provide their employees with paid sick leave, most by October 1, 2018. Click here for an article explaining the ordinance, written by Desiree Brutocao.

  • Employer Update a Success:  The Firm presented an invitation-only legal update to a packed room of clients on March 21st at the Norris Conference Center.  Topics included: The New Austin Earned Sick Leave Ordinance; Considerations in the Wake of the “Me Too” Movement; and One Year into the Trump Administration.

  • Hosted by the Williamson County HR Management Association, Ted Smith presented “The Trump Effect: Changes to U.S. Labor and Employment Laws After the First Year of the Trump Presidency” on April 13, 2018 in Round Rock, Texas.

  • Susan-Burton-Small-Website-photoWe are excited to welcome Susan Burton as a new partner and to announce our new firm name, Cornell Smith Mierl Brutocao Burton, LLP.

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  • “California Law for Texas Employers” Program a Success:  On January 17, 2018, Scott Brutocao conducted a three-hour seminar to a packed house summarizing the particulars of California employment law with special emphasis on how the laws differ from Texas’.  Click here if you would like to be added to our California law distribution list, which provides updates on significant California law developments and notices of future seminars.

  • Connie Cornell will be a speaker at the May 10-11, 2018 annual Advanced Labor & Employment Law Conference for attorneys and HR professionals, sponsored by the UT Law CLE.

  • Susan Burton will present “Practical Tips on Managing Mental Health Issues in the Workplace” at the February 27, 2018 program on Mental Health: Myths, Facts and Workplace Solutions sponsored by Austin Area Research Organization’s Health Care Committee.

  • Andrew Broadaway is co-teaching at the University of Texas School of Law this semester alongside Adjunct Professor Craig D. Ball. The course, Electronic Discovery and Digital Evidence, focuses on how to identify, discover, interpret, authenticate, and challenge electronically stored evidence—a crucial skill for future litigators and corporate counsel.

  • Ted Smith will be a speaker at the February 7, 2018 annual seminar sponsored by the Austin Bar Association’s Labor & Employment Section.

  • Scott Brutocao outlines anti-harassment practices for both employers and workers in the age of #MeToo. Click here to read the full article.

  • Cornell Smith Mierl & Brutocao is included in the recently announced 2018 “Best Law Firms™ listing by U.S. News and World Report,® Best Lawyers in America® and Woodward/White, Inc. The firm is currently three firms to be regionally ranked in Austin, with Top Tier 1 Ranking in each of the following practice areas:  Employment Law – Management; Litigation – Labor & Employment; and Labor Law – Management.

  • Cornell Smith Mierl & Brutocao is a proud sponsor of the Small Law Roundtable for the Austin Chapter of the Association of Corporate Counsel, Small Law Department.  On November 15, 2017, the partners presented, “Managing Workers in Other States.”   Click here for information.  

  • Martin Rodriguez has been identified as a 2018 “Texas Rising Star” in the field of Labor and Employment Law by Super Lawyers and Thomson Reuters.

  • Scott Brutocao shares the impact on company policies from the recent T-Mobile USA, Inc. v. NLRB decision in “Court Gives Common-Sense Relief on Workplace Conduct Policies.” Click here to read the full article.

  • The name partners are to be recognized in the 2018 Best Lawyers in America© by Woodward/White, Inc. Steven Mierl has now been named Austin’s “Lawyer of the Year” on three occasions:  2018 & 2016 – Labor and Employment Litigation; 2015 – Employment Law – Management.

  • Connie Cornell, Ted Smith, Steve Mierl, and Scott Brutocao, based on their recognition in the 2017 Best Lawyers in America© by Woodward/White, Inc., were recently listed in the “Best Lawyers in Texas,” published by The Wall Street Journal, Texas edition, June 2017.

  • Steve Mierl and Connie Cornell received the 2017 Martindale-Hubbell® AV Preeminent® Judicial Edition Award for the highest possible rating in both legal ability and ethical standards reflecting the confidential opinions of members of the bar and the judiciary.

  • The firm has been recognized as a member of the 100 Club for its support of the Austin Bar Association’s missions and programs.

    Cornell-Smith-100-club

  • Cornell Smith Mierl & Brutocao is a proud sponsor of the Small Law Roundtable for the Austin Chapter of the Association of Corporate Counsel, Small Law Department.  On July 20, 2017, Steve Mierl and Scott Brutocao will present, “The Trump Effect:  What Effect Will the Trump Administration Have on My Workforce?”  Click here for information.

  • The Austin Human Resource Management Association hosts its 2017 Annual Conference July 27-28, where Connie Cornell will present “Gender Issues in the Workplace.”

  • On September 8, 2017, Connie Cornell will co-present the popular one-day course, “Essential Employment Law:  A Practical Course in the Basics,” sponsored by University of Texas Law CLE.  This course is intended for lawyers and HR professionals.  Ms. Cornell has been a member of this program’s faculty since the course was first offered 15 years ago.  See the schedule and register at https://utcle.org/conferences/EE17.

  • Connie Cornell and Ted Smith will provide an Employment Law Update for the Austin CPA Chapter’s 2017 CFO / Controllers Conference, to be held on September 21, 2017 at the Norris Conference Center.

  • Steve Mierl presented an employment law update for public employers at the May 17, 2017 County and District Clerks Legal Education Program sponsored by University of Texas Law CLE.

  • Ted Smith and Connie Cornell presented “Facing a Wage & Hour Audit by the U.S. Department of Labor” on April 18, 2017, to the Small Law Roundtable for the Austin Chapter of the Association of Corporate Counsel, Small Law Department.

  • Martin Rodriguez presented at the February 1, 2017 Austin Bar Association, Labor & Employment Law Section, on the topic of “Sharpening Your Employment Law Skills: Update, Technology, Settlements, and Trials.”

  • Andrew Broadaway explores employer data privacy concerns and the steps counsel must take in response to a data breach incident. Click here to read the full article or read it on the Federal Bar Association website.

  • Scott Brutocao presented “California Law for Texas Employers” on Thursday, January 18, 2017 at the Norris Conference Center in Austin, TX.  Click here for more information.

  • Betsy Chestney selected to be United States Magistrate Judge. Read more

  • Connie Cornell, Ted Smith, Steven Mierl, Scott Brutocao and Betsy Chestney recognized as 2016 Texas Super Lawyers by Thomson Reuters.

  • The name partners were named to the 2017 Best Lawyers in America and Woodward/White, Inc. for their work in Employment and Labor Law for Individuals and Management and Labor and Employment litigation. This is Scott Brutocao’s 10th year to be recognized on the list.

  • Connie Cornell and Betsy Chestney discuss Austin’s new Fair Ordinance Act and its effect on background checks for employers. Click here to watch the presentation.

  • Ted Smith shares the impact of the Department of Labor’s new overtime protections.

  • Scott Brutocao explains the new federal Defend Trade Secrets Act and how employers can comply with the new requirements. Click here to watch the presentation.

  • The firm earned a Tier 1 Best Law Firm ranking for labor and employment litigation, labor law for management and employment law for management in 2016 by U.S. News & World ReportThe Best Lawyers in America and Woodward/White, Inc.

  • Cornell Smith Mierl & Brutocao will be hosting a seminar on three important recent developments in employment law, including the Department of Labor’s expansion of overtime protection, Austin’s Fair Chance Ordinance, and The New Federal Defend Trade Secrets Act.  Registration is free, but space is limited and priority will be given to current CSMB clients. Consult the CSMB_Breakfast_Brochure for details.

  • Connie Cornell and Betsy Chestney presented at the Texas Electrical Cooperatives 31st Annual Human Resource Conference, San Marcos, Texas, in May 2016.

  • Ted Smith presented at the 2016 Southwest Fuel & Convenience Expo on the changes to the DOL overtime rules.

  • Betsy Chestney and Steve Mierl presented at the University of Texas 23rd Annual Labor and Employment Law Conference May 3-4, 2016 at the AT&T Conference Center in Austin, Texas.

  • Scott Brutocao presented “California Employment Law for Texas Lawyers” at the Texas Bar’s 24th Annual Advanced Employment Law Course on Thursday, January 14, 2016 at the Westin Hotel Galleria in Dallas.  Click here for more information.

  • Steven Mierl was named the 2016 Austin “Lawyer of the Year” for Labor and Employment Litigation by The Best Lawyers in America and Woodward/White, Inc. The name partners were also recognized for their work in Employment Law for Individuals and Management, Management Labor Law and Labor and Employment Litigation.

  • Connie Cornell, Ted Smith, Steven Mierl, Scott Brutocao and Betsy Chestney earn 2015 Texas Super Lawyers recognition from Thomson Reuters.

  • Steven Mierl and Scott Brutocao both recognized as Best Lawyers® 2015 Austin “Lawyer of the Year” – Mierl in Management Employment Law and Brutocao in Labor and Employment Litigation by Woodward/White, Inc.

  • Cornell, Smith, Mierl, Brutocao and Betsy Chestney all named 2014 “Super Lawyers” in Texas Monthly by Thomson Reuters.

  • Connie Cornell, Ted Smith, Steve Mierl, and Scott Brutocao have all been named 2014 Best Lawyers in America® by Woodward/White, Inc.

  • Connie Cornell and Ted Smith recognized by Best Lawyers in America® and Woodward/White, Inc. as 2014 Austin “Lawyer of the Year” in Labor Law – Management and Employment Law – Management, respectively.