Labor & Employment Services

When our clients seek to avoid the costs and risks of traditional litigation or may otherwise benefit from the flexibility of an alternative dispute approach, our team of experienced attorneys is prepared to assist with all forms of alternative dispute resolution (ADR). Our extensive knowledge of and history working with local and national mediators and arbitrators allows us to identify and select neutrals who can fairly and effectively resolve disputes.

Occasionally our clients find themselves on the receiving end of investigations, audits, or charges from a governmental entity. Whether instituted by the Department of Labor, the Equal Opportunity Employment Commission (EEOC), the Texas Workforce Commission (TWC), or any of the other myriad federal, state, and local agencies with administrative jurisdiction over workplace matters, our team has deep experience handling administrative issues for our client. Adept at recommending a viable course of action ranging from full cooperation to zealous opposition, our attorneys handle administrative cases, appeals, and related litigation. If your business is involved in an administrative matter, one of our lawyers can help.

Employers use credit and criminal background checks to make informed hiring and other employment decisions. However, when doing so, all employers must comply with a myriad of federal and state legal restrictions. Our attorneys help clients navigate the governing the use of background checks in employment, including compliance with the Fair Credit Reporting Act (FCRA). If litigation results from an employer’s use of a background check, our attorneys are prepared to mount a defense—and win!

Employers confronted with class, collective, representative, and multi-plaintiff lawsuits face formidable challenges that can lead to significant financial implications for the company. Our team boasts extensive expertise in representing both private and public employers in navigating the complexities of such high-stakes litigation. We specialize in devising strategies tailored to address the unique substantive and procedural intricacies inherent in these cases, aiming to optimize the likelihood of achieving a favorable outcome. Moreover, we can assist clients in managing the additional pressures posed by efforts by opponents to litigate contentious claims in the court of public opinion. By offering guidance on public relations, business considerations, and employee morale, we mitigate the adverse effects that such tactics may have on our clients' reputations and operations.

With a focus on efficiency and cost-effectiveness, our seasoned employment litigators are adept at managing large-scale, document-intensive litigation matters. We pride ourselves on delivering superior outcomes while offering a more economical alternative compared to larger, more expensive firms.

As the regulatory landscape becomes more intricate, human resources professionals and business leaders are increasingly tasked with navigating a multitude of laws and regulations across various substantive domains. Our attorneys collaborate with employers to proactively establish a workplace culture that upholds both legal mandates and ethical standards, thereby mitigating the likelihood of conflicts.

We offer customized training for employees and managers covering a spectrum of critical topics including ethics, nondiscrimination, and harassment. These sessions actively engage employees and empower them to implement the strategies devised in conjunction with our clients. When issues inevitably arise, we provide comprehensive support, guiding clients through internal investigations, facilitating the implementation of employee discipline and other corrective measures, and robustly defending employers against allegations of legal or ethical violations.

Our attorneys offer a comprehensive array of services tailored to assist clients in navigating the intricate framework of federal, state, and local employment discrimination laws and regulations. This includes statutes such as Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Equal Pay Act, the Americans with Disabilities Act, the Texas Commission on Human Rights Act, and myriad others.

We collaborate closely with our clients to establish and maintain robust nondiscrimination policies and procedures, providing ongoing guidance on compliance matters to address day-to-day concerns effectively and efficiently. Additionally, our advice and counsel is primarily focused on minimizing risk and enhancing employers’ outcomes.

In the event of disputes, our seasoned attorneys are equipped to represent employers across various litigation forums, including state and federal administrative agencies, courts, and arbitration tribunals. From handling individual employees’ claims to navigating complex class action lawsuits, we bring extensive experience and expertise to every case we undertake.

As trusted business partners, our attorneys offer ongoing guidance to clients on a broad spectrum of employment law matters. Using our deep understanding of each client's unique objectives and operational context, we provide tailored advice that aligns with a client’s specific needs. By offering timely and informed counsel, we aid employers in proactively averting potential legal disputes and ensuring compliance with employment regulations.

Our support extends to various facets of personnel management, including facilitating accommodations for employees with disabilities, navigating leave policies, and addressing internal grievances. In instances of suspected employee noncompliance, we assist employers in conducting thorough investigations and, if necessary, implementing corrective measures to foster positive relationships and reduce risk.

We also provide strategic guidance through the termination process and any subsequent proceedings, including those involving unionized employers, drawing on our extensive knowledge of labor law. Despite the complexity of employment regulations, our commitment to our clients’ success drives us to deliver responsive, personalized, efficient service while upholding the highest standards of legal proficiency.

Working with our clients through comprehensive audits of labor and employment policies and practices, including FLSA exemption analysis, we assist in identifying potential sources of liability while crafting strategies to minimize legal risk while effectively managing human resources. Based on our deep knowledge of our clients’ business, we gain insights into their operational needs and tailor policies, practices, and procedures to suit their specific workplace challenges.

Our attorneys are qualified to conduct thorough labor and employment audits for a diverse range of clients, spanning unionized and non-unionized employers, and encompassing entities of varying sizes across both public and private sectors. These audits cover an array of critical areas, including wage and hour law, employee benefits, equal opportunity employment and harassment, leave rights, accommodation of disabilities, employee privacy, recordkeeping and retention, and labor/management relations.

Based on a practice firmly footed in corporate representation and the inner workings of businesses, our attorneys possess a keen appreciation for the significance of individual executive compensation packages, recognizing their pivotal role in safeguarding the employer's interests while simultaneously attracting and retaining top-tier talent. Experienced in representing both businesses and individuals in executive compensation matters, we are adept at drafting executive employment or severance agreements, negotiating them, and navigating disputes between executives and management. Our legal team stands ready to assist clients in achieving their objectives while effectively managing legal exposure and providing practical advice.

The rise of the "Me Too" movement has intensified the focus on workplace harassment of all types. Be it rooted in race, color, national origin, sex, disability, or age, our attorneys leverage their extensive expertise in harassment law to assist employers in both preventing and addressing instances of harassment involving employees. We collaborate with clients to establish robust anti-harassment policies and procedures, offering ongoing guidance on compliance and conducting interactive training sessions to bolster awareness and mitigate risks. 

In the event of a claim or dispute, our seasoned attorneys are equipped to represent employers across diverse litigation forums, including state and federal administrative agencies and courts. With our wealth of experience, we provide adept defense strategies tailored to each unique situation.

When an employee makes a complaint of discrimination or harassment, the employer has a legal obligation to conduct a thorough, prompt, and objective investigation. This investigation is necessary to inform employment decisions and to limit legal liability. Conducting workplace investigations is an important pre-litigation process that puts an employer in the best position to understand the facts and then make legal judgments that inform strategy decisions and litigation defenses.

CSMBB attorneys assist employers with internal investigations involving discrimination and harassment, as well as a variety of other claims. In addition to advising employers on investigations, we can timely and efficiently investigate claims of discrimination, sexual and other harassment, employment policy violations, theft or disclosure of trade secrets, violation of restrictive covenants, FLSA claims, and other workplace incidents. We are often contacted by an employer’s regular counsel (either in house or outside counsel) when an outside investigator is needed. Retaining an outside investigator can avoid a conflict of interest that can arise if the same attorney conducts an internal investigation and later represents the employer in litigation. 

Additionally, we often assist employers in hiring experienced and trustworthy outside, independent investigators to conduct the investigation. We oversee the investigation, manage and assist with collection and review of relevant electronic and hard copy documents that need to be provided to the outside investigator, and provide privileged advice and counsel to our clients throughout the investigation. Once the investigation is concluded, we provide advice and counsel to our clients on appropriate action, if warranted by the investigation results.

With the growing reliance on independent contractors and temporary staffing, employers face heightened scrutiny and legal complexities in managing these working arrangements. Our team offers guidance to clients in structuring and managing relationships with independent contractors and temporary staff to minimize legal exposure. Our services include conducting thorough audits of existing arrangements to identify potential legal risks and developing tailored strategies to mitigate them effectively. Additionally, we provide representation in litigation proceedings to defend clients against challenges such as misclassification and other legal disputes that may arise in connection with these relationships.

We possess a unique specialization in providing practical case assessment and employment counsel to individuals and executives across a wide range of industries. In particular we leverage our extensive experience representing employers and knowing how employers’ decisions are made. This distinctive perspective allows us to offer comprehensive guidance tailored to the specific needs and objectives of our individual clients, whether negotiating or litigating on their behalf. Drawing from our in-depth understanding of employer practices and legal requirements, we provide strategic counsel aimed at protecting the rights and interests of individuals in the workplace. Whether it involves negotiating employment or separation agreements, addressing workplace disputes, or navigating complex trade secret, noncompete, or restrictive covenant agreements, our firm is dedicated to providing proactive and effective advocacy that reflects our nuanced insight into both sides of the employment equation.

Our firm’s reputation in the realm of traditional labor-management relations is well-deserved. Although unionized employers are less common in Texas than in other parts of the United States, they do exist and union activity is on the rise. We provide comprehensive representation across all facets of labor relations, encompassing union organizing campaigns, collective bargaining agreements, strike contingency planning, arbitration, grievance arbitration, and unfair labor practice proceedings before the National Labor Relations Board and courts. With impressive depth and breadth of experience in this domain, we stand out among our Texas peers. Our approach to labor relations centers on advancing our clients' business objectives while minimizing operational disruptions. Through a commitment to seeking practical solutions and fostering a collaborative environment, we aim to strengthen relationships and mitigate conflicts. We take pride in our ability to creatively resolve workplace disputes without resorting to work stoppages or litigation.

Disability, Pregnancy, and Medical leave and accommodation management poses one of the most daunting challenges for employers and Human Resource leaders. Responsibly addressing an employee's medical condition necessitates careful consideration of federal and state legal obligations. Our firm provides regular guidance to clients to ensure compliance with mandates outlined in the ADA, FMLA, PWFA, and state-specific related laws and help navigate challenges as they arise. Moreover, we offer interactive training sessions tailored for supervisors, equipping them with the necessary skills to effectively manage employees dealing with disabilities or medical conditions within legal parameters. If a dispute arises, our team can assist in resolving, or if necessary, litigating it all the way through trial.

While our primary aim is to resolve legal matters amicably for our clients, there are occasions where litigation becomes inevitable. In such instances, our firm offers robust litigation capabilities aimed at providing aggressive, effective, and cost-efficient representation across a broad spectrum of employment-related disputes. Drawing upon decades of experience in employment litigation across various courts and agencies nationwide, our attorneys are adept at devising sound litigation strategies tailored to align with our clients' objectives. It also helps that our firm’s lawyers are known and respected by judges and judicial staff all across Central Texas. We understand the importance of minimizing the impact of litigation on our clients' bottom line, reputation, and workplace culture. Our approach emphasizes not only achieving favorable legal outcomes but also preserving the integrity and harmony of our clients' workplaces throughout the litigation process.

In the realm of mergers and acquisitions, both buyers and sellers face a myriad of labor-related complexities. Collaborating closely with our clients' business advisors and transactional lawyers, we offer tailored representation to address the unique labor and employment risk considerations inherent in these transactions. Whether representing buyers or sellers, our expertise extends to advice on deal structure to minimize labor and employment liabilities effectively. Our comprehensive approach encompasses advising on collective bargaining agreement obligations post-merger or acquisition, navigating accretion and retention issues, and ensuring compliance with the WARN Act. Additionally, we conduct thorough FLSA and other pre-purchase diligence to ensure all wage and hour obligations or other employment liabilities are accounted for, providing our clients with comprehensive legal support throughout the entire process.

The call for pay equity frequently dominates headlines, reflecting a shifting legal landscape where concerns over pay disparities take center stage. Employers are compelled to reevaluate their policies and practices in response to evolving legal standards and social norms. Our role is to assist clients in crafting pay strategies that align with current legal mandates and industry best practices. Through comprehensive audits of existing policies and practices, we identify potential legal risks and provide guidance on remedial actions in case of disparities. Should legal disputes arise alleging pay inequity, we offer vigorous defense representation to protect our clients' interests.

In today’s dynamic workplace landscape, the cornerstone of risk mitigation lies in well-crafted, legally compliant policies and procedures. We specialize in drafting and revising essential policies tailored to address critical areas such as anti-harassment, social media usage, Family & Medical Leave Act compliance, and more. Our approach extends beyond mere compliance; we meticulously review and refine employee handbooks to ensure clarity and precision, steering clear of language that could potentially heighten an employer’s liability exposure.Our policy drafting process is anything but isolated; we engage closely with clients to capture the essence of their organizational culture and unique operational requirements. By prioritizing practicality and clarity over legal jargon, we equip employers with policies that effectively communicate essential information to employees and managers, thereby minimizing legal risks while advancing broader business objectives.Furthermore, we offer comprehensive audits of labor and employment policies and practices, empowering clients to proactively identify areas of potential liability. Through this diligent assessment, we facilitate the development of redesigned policies and practices that not only mitigate legal risk but also align closely with the organization's strategic goals.

In today’s business climate, change is the only constant. From downsizings to reorganizations and mergers to acquisitions, employers must navigate through various transitions seamlessly. Drawing on our extensive experience, we provide expert guidance to employers considering reduction in force or voluntary retirement programs, ensuring compliance with relevant laws such as the Worker Adjustment and Retraining Notification Act, the Age Discrimination in Employment Act, and the Older Workers Benefit Protection Act. Additionally, we collaborate closely with our clients' business advisors and transactional lawyers to offer strategic counsel on the labor and employment implications of mergers and acquisitions. By structuring transactions and transitions thoughtfully, we help minimize potential labor and employment liabilities, facilitating smooth resolutions in an ever-evolving business landscape.

Our primary objective is to empower employers with strategies to navigate legally sensitive scenarios, mitigate litigation risks, and cultivate environments that are both productive and efficient. A key component of achieving this goal involves comprehensive employee training, encompassing managers and staff alike, on legal requirements that could potentially expose them and their employer to legal liabilities. Given the dynamic nature of labor and employment laws, regular and updated training is crucial. Our firm offers a range of meticulously designed and field-tested training programs, facilitated by practicing attorneys deeply immersed in employment law. These interactive sessions prioritize participant engagement and cover various crucial topics, including preventing workplace harassment and violence, lawful management of unionized and non-unionized workforces, fostering harassment-free and discrimination-free workplaces, managing drugs and alcohol in the workplace, and effectively managing employees with disabilities.

We also specialize in tailoring customized training programs to address the specific needs of each organization, ensuring relevance and effectiveness. Our management training underscores the pivotal role of well-trained managers in fostering positive work environments, reducing litigation risks, and mitigating liabilities. Through these programs, managers not only acquire a foundational understanding of legal concepts but also develop the confidence and skills necessary to navigate human resources challenges adeptly. This includes fostering positive workplace cultures, handling employee complaints effectively, and administering disciplinary actions judiciously.

Recognizing that discrimination and harassment can impede productivity and pose legal risks, our employee training initiatives aim to educate staff on their rights and responsibilities in an engaging format. By fostering an environment of awareness and accountability, we aim to mitigate the occurrence of misconduct and guard against claims of ignorance or negligence. Through these proactive measures, we strive to create workplaces that are not only legally compliant but also conducive to positive employee experiences and organizational success.

In today’s digital age, employees and confidential information stand as the cornerstone of an organization's success and value in the marketplace. At our firm, we specialize in safeguarding these invaluable assets through strategic legal counsel. By leveraging technology and implementing tailored non-compete and confidentiality agreements, we help organizations maximize retention of both employees and sensitive information. Additionally, we assist clients in evaluating and mitigating potential litigation risks associated with hiring individuals subject to pre-existing confidentiality or non-compete obligations.

Our trial attorneys are prepared to swiftly respond with emergency court actions in critical situations, whether your organization is facing accusations of employee poaching or defending against such allegations. With extensive experience representing both plaintiff employers and defendant employers (and individual employees) in disputes involving employee raiding, trade secrets, and unfair competition, we are adept at pursuing or defending against claims for emergency injunctive relief in courts nationwide. Throughout the litigation process, our attorneys prioritize aligning legal strategies with our clients' overarching business objectives, ensuring a comprehensive approach that safeguards organizational interests effectively and cost efficiently.

The federal Fair Labor Standards Act and related state laws impose intricate, technical, and often nuanced standards for employee compensation and wage payment. In recent years, plaintiff’s attorneys have capitalized on these complexities, rendering wage & hour litigation a significant risk for employers of all sizes. Our team specializes in guiding employers through these complex requirements, crafting practical solutions to ensure compliance and mitigate potential legal exposure. Our comprehensive services encompass advising and assisting clients on various facets of wage and hour law, including determining employee classifications as “exempt” or “non-exempt” for minimum wage and overtime purposes, preserving exemptions from minimum wage and overtime regulations, identifying compensable working hours, establishing pay rates in accordance with minimum wage and overtime standards, fulfilling wage and hour recordkeeping obligations, ensuring timely disbursement of wages, commissions, and final compensation, and providing representation for employers in administrative proceedings and all forms of wage and hour litigation.

Our attorneys stand prepared to guide employers through the complex landscape of federal and state laws safeguarding employees from retaliation, including whistleblower activities. Our services encompass a proactive approach, including policy reviews, audits, and addressing compliance inquiries on a day-to-day basis. In cases where complaints arise, we conduct thorough investigations, and if needed, provide litigation support to defend against retaliation claims or other improper actions. This comprehensive approach is designed to mitigate legal risks across all stages of the process.

Our labor and employment lawyers understand the paramount importance of privacy and data security concerns for our clients, especially those relating to personnel matters. We are dedicated to assisting clients with these concerns, from crafting proactive strategies to prevent data mishandling and security breaches to offering support in addressing breaches swiftly and effectively when they occur. You can rely on us to help navigate you through every aspect of privacy and data security law and employer may face.

Our team prioritizes creating safe workplaces for our clients. With extensive expertise in many industries, we assist clients in accident prevention, post-event assessment, and litigation avoidance. In the event of accidents, our seasoned attorneys are equipped to represent clients in all facets of workplace safety-related trial and appellate litigation before courts and federal and state administrative agencies. Moreover, we engage in proactive measures to enhance workplace safety and health performance by guiding clients on compliance with federal OSHA and state standards, representing them during OSHA inspections or injury investigations, and drafting or reviewing safety programs and workplace rules for regulatory compliance.

Recognizing the threat of workplace violence, we provide effective guidance and legal support to help clients minimize and address such risks. This includes designing programs and policies to address threats of workplace violence, obtaining restraining orders, and conducting training for managers on identifying potentially threatening behavior and conducting investigations. Additionally, we advise clients on responding to impaired workers while navigating the complexities of substance abuse laws and regulations. We assist in drafting workplace policies, representing employers challenged in arbitration or court over drug and alcohol testing policies, and advising on agreements for employees entering treatment programs or opposing unemployment compensation claims following termination for substance abuse infractions.