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Practice Areas - Employment Law
Bickerstaff Heath represents employers in all areas of Employment Law. Our attorneys are experienced in guiding clients through every step of the employment process, including setting and communicating policies, training, counseling prior to employment actions, and handling claims through administrative procedures and litigation. We assist our clients in developing fair and economical employment policies and procedures that comply with state and federal laws. When litigation is necessary, we help them obtain favorable outcomes so that they can get back to the business of running their businesses. We represent both public and private employers, including governmental entities, corporations, small businesses, and non-profit organizations. Our representation includes:
Bickerstaff Heath attorneys have substantial experience in developing comprehensive personnel policies for employers in both the public and private sectors. We believe that the best way to avoid personnel problems in the future is to institute and follow sound personnel policies today. We have assisted employers in either revising their current personnel manuals or developing new personnel policies and manuals. We are also able to address our clients' specific policy needs to keep pace with constant changes in the law, technology, and our clients' business models. Our Personnel Policy Development and Review practice includes:
PERSONNEL MANUALS
We develop personnel manuals that are specifically tailored to the needs of each of our clients and draw upon our wide experience in drafting and revising personnel policies to each final product as efficiently and economically as possible. Our attorneys have written or revised personnel manuals for corporations, non-profits, and governmental entities. We have also developed a whole new manual and set of model personnel policies for a small, newly formed business.
HARASSMENT AND DISCRIMINATION
We understand the challenges employers face in trying to foster a collegial work environment that does not leave the door open for discrimination or harassment. We help our clients develop and enforce direct, to-the-point discrimination and harassment policies that clearly set out what types of behavior are not acceptable. Once such policies are in place, we can follow up by providing personnel training so that both employer and employees understand and remain up-to-date on changing requirements in the law.
FAIR LABOR STANDARDS ACT (FLSA)
We advise clients on the workers' pay requirements under the federal Fair Labor Standards Act and the Texas Payday law, which is a complement to the FLSA. We help our clients implement sound policies that address the myriad issues arising under FLSA's regulations, including classification of exempt and non-exempt employees, calculation of overtime pay, and pay for travel time and (in the case of some governmental entities) comp time.
FMLA/EMPLOYEE LEAVE
We assist clients in the development of sound and economical vacation and leave policies. We help our clients evaluate the various considerations surrounding policies on vacation leave, sick leave, parental leave, personal leave, bereavement leave, and military leave. Our attorneys are also very knowledgeable regarding the Family Medical Leave Act, which imposes additional leave obligations on certain employers. We have provided in-house training for human resource professionals on the administration of FMLA and related leave policies.
EMAIL AND COMPUTER USE
In today's workplace, the frequent use of email and the Internet has become a fact of life for most employers. Along with the convenience of new technology, however, come issues such as worker productivity, copyright infringement, dissemination of confidential information, or even sexual harassment complaints. Our attorneys are experienced in helping employers implement solid e-mail and computer use policies that help protect them from the pitfalls related to the potential misuse of technology.
We develop personnel manuals that are specifically tailored to the needs of each of our clients and draw upon our wide experience in drafting and revising personnel policies to each final product as efficiently and economically as possible. Our attorneys have written or revised personnel manuals for corporations, non-profits, and governmental entities. We have also developed a whole new manual and set of model personnel policies for a small, newly formed business.
HARASSMENT AND DISCRIMINATION
We understand the challenges employers face in trying to foster a collegial work environment that does not leave the door open for discrimination or harassment. We help our clients develop and enforce direct, to-the-point discrimination and harassment policies that clearly set out what types of behavior are not acceptable. Once such policies are in place, we can follow up by providing personnel training so that both employer and employees understand and remain up-to-date on changing requirements in the law.
FAIR LABOR STANDARDS ACT (FLSA)
We advise clients on the workers' pay requirements under the federal Fair Labor Standards Act and the Texas Payday law, which is a complement to the FLSA. We help our clients implement sound policies that address the myriad issues arising under FLSA's regulations, including classification of exempt and non-exempt employees, calculation of overtime pay, and pay for travel time and (in the case of some governmental entities) comp time.
FMLA/EMPLOYEE LEAVE
We assist clients in the development of sound and economical vacation and leave policies. We help our clients evaluate the various considerations surrounding policies on vacation leave, sick leave, parental leave, personal leave, bereavement leave, and military leave. Our attorneys are also very knowledgeable regarding the Family Medical Leave Act, which imposes additional leave obligations on certain employers. We have provided in-house training for human resource professionals on the administration of FMLA and related leave policies.
EMAIL AND COMPUTER USE
In today's workplace, the frequent use of email and the Internet has become a fact of life for most employers. Along with the convenience of new technology, however, come issues such as worker productivity, copyright infringement, dissemination of confidential information, or even sexual harassment complaints. Our attorneys are experienced in helping employers implement solid e-mail and computer use policies that help protect them from the pitfalls related to the potential misuse of technology.
Our attorneys routinely field questions from clients regarding personnel issues that unexpectedly arise in the workplace. We also assist employers in educating their employees about various aspects of employment law. Our attorneys are regularly asked to conduct training and presentations for groups of employers, human resource professionals, and other attorneys. Our Personnel Training and Client Counseling practice includes:
HIRING AND FIRING
Employee turnover is a fact of life for employers. We advise our clients on implementing sound hiring practices, and, in the event that termination becomes necessary, we help our clients comply with the various laws designed to protect employees from discrimination, retaliation, and other unfair employment practices laws that can become traps for the unsuspecting or uninformed employer.
HARASSMENT AND DISCRIMINATION
Unlawful harassment among employees can lead to lawsuits against employers. Our attorneys help employers address this potential problem before it arises, through training and education for employees on how to avoid sexual harassment in the workplace.
FAMILY MEDICAL LEAVE ACT (FMLA)
Our attorneys provide training regarding the federal Family Medical Leave Act, which requires employers to allow employees to take unpaid leave under certain circumstances. We have conducted FMLA training both in-house for individual clients and at conferences attended by employers and human resource professionals.
AMERICANS WITH DISABILITIES ACT (ADA)
We conduct training on compliance with the federal Americans with Disabilities Act, which requires most employers to provide reasonable workplace accommodations to employees with disabilities and prohibits discrimination on the basis of disability or perceived disabilities.
EMPLOYEE BENEFITS
Our attorneys handle ERISA, COBRA, and Section 125 "cafeteria plan" issues for our clients. We advise clients on contemplated changes to the composition and/or benefits of their plans, as well as issues that arise regarding individual employees.
STATE AND FEDERAL PUBLIC INFORMATION LAWS
Our attorneys assist employers who are required to comply with state and federal open records and employee record retention requirements. We advise our public clients on responding to open-records requests regarding personnel issues and represent them before the Texas Attorney General regarding requests for material that is confidential or excepted from public disclosure under the Texas Public Information Act.
IMMIGRATION
We help our clients meet their employment-based immigration needs. We have experience in obtaining H-1B specialty worker visas and employment-based immigration visas for international executives and managers. Our attorneys also advise clients on issues involving temporary and permanent worker visas, business visitor visas, and international internships.
Employee turnover is a fact of life for employers. We advise our clients on implementing sound hiring practices, and, in the event that termination becomes necessary, we help our clients comply with the various laws designed to protect employees from discrimination, retaliation, and other unfair employment practices laws that can become traps for the unsuspecting or uninformed employer.
HARASSMENT AND DISCRIMINATION
Unlawful harassment among employees can lead to lawsuits against employers. Our attorneys help employers address this potential problem before it arises, through training and education for employees on how to avoid sexual harassment in the workplace.
FAMILY MEDICAL LEAVE ACT (FMLA)
Our attorneys provide training regarding the federal Family Medical Leave Act, which requires employers to allow employees to take unpaid leave under certain circumstances. We have conducted FMLA training both in-house for individual clients and at conferences attended by employers and human resource professionals.
AMERICANS WITH DISABILITIES ACT (ADA)
We conduct training on compliance with the federal Americans with Disabilities Act, which requires most employers to provide reasonable workplace accommodations to employees with disabilities and prohibits discrimination on the basis of disability or perceived disabilities.
EMPLOYEE BENEFITS
Our attorneys handle ERISA, COBRA, and Section 125 "cafeteria plan" issues for our clients. We advise clients on contemplated changes to the composition and/or benefits of their plans, as well as issues that arise regarding individual employees.
STATE AND FEDERAL PUBLIC INFORMATION LAWS
Our attorneys assist employers who are required to comply with state and federal open records and employee record retention requirements. We advise our public clients on responding to open-records requests regarding personnel issues and represent them before the Texas Attorney General regarding requests for material that is confidential or excepted from public disclosure under the Texas Public Information Act.
IMMIGRATION
We help our clients meet their employment-based immigration needs. We have experience in obtaining H-1B specialty worker visas and employment-based immigration visas for international executives and managers. Our attorneys also advise clients on issues involving temporary and permanent worker visas, business visitor visas, and international internships.
No employer enjoys receiving a letter from the Equal Employment Opportunity Commission notifying the employer that a current or former employee has filed a charge of unlawful discrimination or retaliation. Our attorneys are very experienced at guiding employers through every step of the administrative process, and we are often able to help our clients successfully resolve complaints without litigation. Our firm is also experienced in representing clients before the Texas Commission on Human Rights and the Texas Workforce Commission and in mediation. Our Administrative Adjudication of Employment Claims practice includes:
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
We assist clients in defending against charges filed with the federal Equal Employment Opportunity Commission (EEOC). Our attorneys have successfully defended against claims of discrimination, retaliation, and violations of other federal laws designed to protect employees. In a recent matter, we represented an employer who was accused of illegal retaliation after successfully mediating a discrimination charge filed by that same employee. Based on the position statement that we prepared for our client, the EEOC found no evidence of retaliation and the employee never sued.
TEXAS COMMISSION ON HUMAN RIGHTS
Our attorneys also represent clients defending against discrimination or retaliation claims filed with the Texas Commission on Human Rights (TCHR). Recently, for example, we successfully defended against a charge that an employer had discriminated against an employee based on that employee's national origin after the employee walked off the job. The TCHR found no evidence of discrimination, and the employee did not sue.
TEXAS WORKFORCE COMMISSION
When dismissed employees seek to obtain unemployment compensation and are not entitled to such compensation because of job-related misconduct or on other bases, our attorneys represent employers in Texas Workforce Commission hearings and appeals contesting the granting of such benefits.
MEDIATION
Sometimes the most cost-efficient way to resolve an EEOC or TCHR complaint is through mediation and settlement. We evaluate every claim and provide our clients with candid assessments of whether mediation is a preferred option for conflict resolution. Our attorneys have been very successful in obtaining favorable results through the mediation process.
We assist clients in defending against charges filed with the federal Equal Employment Opportunity Commission (EEOC). Our attorneys have successfully defended against claims of discrimination, retaliation, and violations of other federal laws designed to protect employees. In a recent matter, we represented an employer who was accused of illegal retaliation after successfully mediating a discrimination charge filed by that same employee. Based on the position statement that we prepared for our client, the EEOC found no evidence of retaliation and the employee never sued.
TEXAS COMMISSION ON HUMAN RIGHTS
Our attorneys also represent clients defending against discrimination or retaliation claims filed with the Texas Commission on Human Rights (TCHR). Recently, for example, we successfully defended against a charge that an employer had discriminated against an employee based on that employee's national origin after the employee walked off the job. The TCHR found no evidence of discrimination, and the employee did not sue.
TEXAS WORKFORCE COMMISSION
When dismissed employees seek to obtain unemployment compensation and are not entitled to such compensation because of job-related misconduct or on other bases, our attorneys represent employers in Texas Workforce Commission hearings and appeals contesting the granting of such benefits.
MEDIATION
Sometimes the most cost-efficient way to resolve an EEOC or TCHR complaint is through mediation and settlement. We evaluate every claim and provide our clients with candid assessments of whether mediation is a preferred option for conflict resolution. Our attorneys have been very successful in obtaining favorable results through the mediation process.
Our firm has abundant experience representing employers, in both state and federal court, in contested employment matters. Often, our attorneys are able to obtain favorable settlements for our clients prior to trial. When litigation is necessary, however, our firm has a solid record of winning employment matters. Our Employee Litigation practice includes:
TITLE VII/RETALIATION
We defend employers against Title VII discrimination and retaliation claims. In a recent case, we helped our client, an employer in the technology industry, win a unanimous jury verdict that rejected a former employee's allegations that the employer retaliated against the employee by failing to promote the employee and by including the employee in a reduction in force.
FMLA
We represent employers in suits filed under the federal Family Medical Leave Act (FMLA), which imposes additional leave requirements for certain employers. Where possible, we attempt to dispose of FMLA and other claims through state and federal motion practice, thus ultimately avoiding the need to go to trial.
SECTION 1983
Our firm is experienced in defending public employers against Section 1983 constitutional claims. For example, we successfully defended a county employer in a federal jury trial against allegations of constitutional violations by employees of the county jail.
FIRST AMENDMENT/RETALIATION
We defend public employers charged with violating an employee's rights under the First Amendment. Among many such cases that our attorneys have handled, we successfully defended an East Texas school district in a First Amendment and retaliation case based on the district's decision to non-renew a teacher. In another case, we successfully defended a public school district against allegations by a teacher who claimed she was denied a job interview for a promotion based on her exercise of her First Amendment right to send her own children to a private religious school.
TEXAS WHISTLEBLOWER ACT
Our attorneys are also experienced in defending public employers against lawsuits brought under the Texas Whistleblower Act.
We defend employers against Title VII discrimination and retaliation claims. In a recent case, we helped our client, an employer in the technology industry, win a unanimous jury verdict that rejected a former employee's allegations that the employer retaliated against the employee by failing to promote the employee and by including the employee in a reduction in force.
FMLA
We represent employers in suits filed under the federal Family Medical Leave Act (FMLA), which imposes additional leave requirements for certain employers. Where possible, we attempt to dispose of FMLA and other claims through state and federal motion practice, thus ultimately avoiding the need to go to trial.
SECTION 1983
Our firm is experienced in defending public employers against Section 1983 constitutional claims. For example, we successfully defended a county employer in a federal jury trial against allegations of constitutional violations by employees of the county jail.
FIRST AMENDMENT/RETALIATION
We defend public employers charged with violating an employee's rights under the First Amendment. Among many such cases that our attorneys have handled, we successfully defended an East Texas school district in a First Amendment and retaliation case based on the district's decision to non-renew a teacher. In another case, we successfully defended a public school district against allegations by a teacher who claimed she was denied a job interview for a promotion based on her exercise of her First Amendment right to send her own children to a private religious school.
TEXAS WHISTLEBLOWER ACT
Our attorneys are also experienced in defending public employers against lawsuits brought under the Texas Whistleblower Act.
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Attorneys who practice Employment Law
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2009 Supreme Court Voting Rights Cases