Biography

Ted Smith is a Board-Certified Labor and Employment attorney who specializes in representing employers and individuals 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.

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.

Mr. Smith is also a certified mediator. With over 30 years of litigation experience in representing clients on both sides of the docket, Mr. Smith is well-suited to assist parties with alternative dispute resolutions in a wide range of civil litigation matters and disputes. Schedule a half-day or full-day mediation with Ted Smith.

Education

  • 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

Activities

  • Fellow, Texas Bar Foundation
  • Texas State Bar
  • Labor and Employment Section of the Texas State Bar
  • Austin Bar Association
  • Labor and Employment Section of the Austin Bar Association (Past Chairman)
  • American Bar Association
  • Federal Bar Association

Courts

  • Texas
  • U.S. Court of Appeals, Fifth Circuit
  • U.S. District Courts, for the Northern, Eastern, Southern and Western Districts of Texas
  • U.S. District Courts, Eastern and Western Districts of Arkansas
  • U.S. Court of Appeals for the Armed Forces

Honors & Awards

  • Listed in The Best Lawyers in America© by Woodward/White, Inc. since 2010 in the areas of Employment Law – Management and Labor Law – Management
  • Named Austin’s “Lawyer of the Year” in the areas of both Labor Law – Management and Employment Law – Management by The Best Lawyers in America©
  • Named in the “Texas Super Lawyers” list under Labor and Employment Law since 2003 as published in Super Lawyers Magazine and Texas Monthly by Thomson Reuters.

Articles

Lectures & Presentations

Courts

  • Texas
  • U.S. Court of Appeals, Fifth Circuit
  • U.S. District Courts, for the Northern, Eastern, Southern and Western Districts of Texas
  • U.S. District Courts, Eastern and Western Districts of Arkansas
  • U.S. Court of Appeals for the Armed Forces

Accolades

Board Certified, Texas Board of Legal Specialization
Super Lawyers, Ted Smith
Super Lawyers, 2023, Ted Smith
Super Lawyers, 20 Years, Ted Smith

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