Biography

Steven L. Mierl is a partner with Cornell Smith Mierl Brutocao Burton, LLP. Mr. Mierl represents employers throughout the United States, providing thoughtful and strategic representation. His practice includes all areas of employment litigation, and employer consulting on issues arising from hiring through termination, investigations, administrative proceedings, dispute resolution, contract and document drafting, and management trainings. He is a frequent speaker on all aspects of management-side employment issues, with over one hundred and fifty public engagements in the past several years. He also has extensive experience with EEOC, DOL, TWC, and OSHA agency actions. Mr. Mierl represents executives on non-competes, contract, bonus and severance matters. His practice also includes business owner-employee, partnership and corporate management disputes, buyouts and conflicts.

Mr. Mierl has represented clients in over 100 mediations, arbitrations and numerous bench and jury trials. Successes include a complete defense verdict in a multi-million dollar Title VII employment discrimination case in federal court in Detroit that resulted in a unanimous jury verdict for his client, a mid-six figure award in for his client in arbitration over an executive contract in Texas, a complete defense verdict in a trial over race and age claims held in federal court in Phoenix, Arizona, summary judgment in favor of the defense in a federal court ADA action, and summary judgment for an employer in a multi-million dollar FLSA class action matter in Austin that was upheld by the Fifth Circuit Court of Appeals in 2013. Mr. Mierl has extensive courtroom experience in the enforcement and defense of non-compete and non-solicitation matters. He also frequently handles OSHA agency administrative contests.

Prior to his legal studies, Mr. Mierl spent seven years in commercial insurance in the United States and Caribbean. This experience is valuable when advising on issues involving employment practices liability insurance, a topic upon which he is often invited to speak.

Mr. Mierl began his law practice with Briggs, Knoepfel and Ronca of St. Thomas, in the United States Virgin Islands, and spent over seven years with Haynes and Boone, in Austin, Texas. In 2003, Mr. Mierl co-founded the law firm of Cornell Smith Mierl Brutocao Burton.

Education

  • J.D., Texas Tech School of Law, magna cum laude, 1994
  • BBA, University of Texas at Austin, McCombs School of Business, 1984

Activities

Courts

  • Texas
  • U.S. District Courts, for the Western, Eastern, Southern, and Northern Districts of Texas
  • Territorial Courts for the U.S. Virgin Islands
  • Federal District Court for the Virgin Islands
  • U.S. Court of Appeals, Fifth and Third Circuits

Honors & Awards

In 2017, Mr. Mierl received Martindale-Hubbell’s AV Preeminent® rating, the highest rating possible in both legal ability and ethical standards, based on a peer review process reflecting the confidential opinions of members of the bar and the judiciary.  Mr. Mierl has been AV rated for over five years.

Mr. Mierl has been recognized four times by The Best Lawyers in America© and Woodward/White, Inc. as Austin’s “Lawyer of the Year” in 2015 and 2019 for Employment Law – Management and in 2016 and 2018 for Labor & Employment Litigation. He has been selected for inclusion in The Best Lawyers in America© listing since 2014 in four categories:  Employment Law – Management; Employment Law – Individuals; Labor Law – Management; and Labor & Employment Law Litigation.

Since 2006, Mr. Mierl has been listed as a “Texas Super Lawyer” in the category of Employment Litigation Defense, as published annually in Super Lawyers Magazine and Texas Monthly by Thomson Reuters.  Since 2009, Mr. Mierl has also been selected to be listed as an outstanding lawyer for Employment Litigation Defense as part of the Texas “Super Lawyers” listing published in its prestigious Corporate Counsel Edition.

Articles

  • 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.

Lectures & Presentations

  • “The Trump Effect:  What Effect Will the Trump Administration Have on My Workforce?”  Association of Corporate Counsel, Austin Chapter, Small Law Roundtable Presentation – Austin – July 20, 2017.
  • “Employment Law Update for Public Employers,” County and District Clerks Legal Education Program, University of Texas Law CLE – San Marcos – May 17, 2017.
  • “The TRO Process Explained,” Essential Non-Compete and Trade Secret Law: A Practical Guide to Talent Management, University of Texas CLE – Houston and Dallas – Fall 2016.
  • “Important Updates in Labor Law,” Capital City Medical Group Management Association –- Austin – August 4, 2016.
  • “Employee Handbooks,” Advanced Labor and Employment Law Conference, University of Texas Law CLE – Austin – May 17, 2016.
  • Member of two person faculty for one day seminar, Essential Employment Law, University of Texas Law CLE – Austin and Dallas – 2014.
  • “Current Trends and Issues Concerning Social Media and Employees,” Texas Association of Counties – Austin – 2014.
  • “Social Media in the Workplace,” Austin Labor and Employment Bar Association – Austin – 2012.
  • “Social Media in the Workplace,” Austin Bar CLE Conference – Austin – 2011.

Courts

  • Texas
  • U.S. District Courts, for the Western, Eastern, Southern, and Northern Districts of Texas
  • Territorial Courts for the U.S. Virgin Islands
  • Federal District Court for the Virgin Islands
  • U.S. Court of Appeals, Fifth and Third Circuits

Accolades

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Recent News

Texas Judge Strikes Down DOL Salary Rule

Texas Judge Strikes Down DOL Salary Rule

Texas Court Halts DOL Salary Rule: A Texas federal judge invalidates the DOL rule raising salary thresholds for FLSA exemptions, reverting limits to $35,568 annually.
Nov 19, 2024
New California Laws on the Horizon

New California Laws on the Horizon

Texas employers with California employees: Prepare for new 2025 compliance requirements in workplace violence, independent contractor protections, and more.
Oct 31, 2024
FTC’s Rule Banning Noncompetes Struck Down by Federal Court

FTC’s Rule Banning Noncompetes Struck Down by Federal Court

Court Blocks FTC's Proposed Nationwide Ban on Noncompete Agreements, Preserving State Law Autonomy. Employers should review their noncompete practices in light of ongoing legal challenges.
Aug 22, 2024