Ted Smith, J.D.





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 Burton, LLP.

Education & 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 Best Lawyers in America© by Woodward/White, Inc. since 2010 in the areas of Employment Law – Management, as well as Labor Law – Management.  In 2021, The Best Lawyers in America© named him Austin’s “Lawyer of the Year” in the area of Labor Law – Management. In 2014, he was recognized by the same publication as “Lawyer of the Year” in the area of Employment Law – Management. Since 2003, Mr. Smith has been named in the “Texas Super Lawyers” list under Labor and Employment Law, as published in Super Lawyers Magazine and Texas Monthly by Thomson Reuters.

Lectures & Presentations

“Avoiding Costly Labor Mistakes,” Co-Presenter at Austin CPA Chapter’s 2017 CFO / Controllers Conference –  Austin – September 21, 2017.

“Facing a Wage & Hour Audit by the U.S. Department of Labor,” Association of Corporate Counsel, Austin Chapter, Small Law Roundtable Presentation – Austin – April 18, 2017.

“New Overtime Protections Scheduled to be Effective 12/1/2016,” Cornell, Smith, Mierl, & Brutocao Seminar –- Austin – June 2016.  Click here to watch the presentation.

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

“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 – Houston – 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 – Austin – 2010.

“Avoiding Retaliation Claims,” Legislative Action Day, Austin Human Resources Management Association – Austin – 2010.

“National Employment Law Update,” University of Texas School of Law, School Law Conference – Austin – 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 – Houston – 2009.

“Recent Amendments to the FMLA,” Austin Human Resource Management Association – Austin – 2008.

“Employment Law Basics,” Texas Society of Association Executives – Austin -2008.

“Avoiding Employment Law Litigation,” Capital City Medical Group Administrators – Austin – 2008.

“Employment Policies: What Works, What Doesn’t,” South Texas College of Law, Employment Law Conference – Houston – 2007.

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

“Non-Competes, E-Discovery and Retaliation,” Austin Human Resource Management Association – Austin – 2007.

“FLSA Litigation,” Austin Bar Association, Employment Law Conference – Austin – 2006.

“Employment Law Best Practices,” International Right of Way Association – Denver – 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.


Co-Author, Texas Human Resources Manual, published by the Texas Association of Business, 2003 through 2011 editions.

Co-Author, Model Employee Policies and Forms for Texas Employers, published by the Texas Association of Business, 2003 through 2011 editions.