The Employers' Lawyers' Blog
Safeguard your company and your people – while maintaining compliance with the law. So you can get back to work.

Why Can’t Workplace Investigators Just Stick to Direct Evidence? Because Investigations Aren’t a Jigsaw Puzzle
In the world of employment law, we often encounter some truly bizarre ideas. Recently, a peculiar notion was presented suggesting that investigators should avoid making conclusions of fact beyond direct evidence and should refrain from credibility assessments altogether. While these ideas might seem tempting in their simplicity, they unfortunately miss

When No One Takes Ownership: How Chili’s Lost an Age Discrimination Case by Forgetting the Basics
In the fast-paced world of HR and employment litigation, it’s easy to get caught up in the three Ps – processes, policies, and paperwork. Sometimes, though, losing a case comes down to something much simpler: no one took ownership. That’s exactly what happened in a recent Sixth Circuit case involving

Reincorporating a Delaware Entity? Why Wyoming and Texas Are the Next Big Power Moves
In the corporate world, Delaware has long reigned as the go-to jurisdiction for incorporation. But times are changing fast. A growing number of companies are rethinking their reliance on Delaware, and many are exploring quieter, (dare I say) smarter jurisdictions for the next chapter of their corporate governance. Welcome to

Surprise! There’s a Union? What Government Contractors Should Know About Post-Award Labor Issues
Winning a government contract is often the result of months, if not years, of hard work, planning, and strategic bidding. But what happens when, after all that effort, you’re awarded the contract… and then you learn there’s a union representing the incumbent workforce? What the heck? There was no mention

The DOL’s Surprise Move: Giving Employers a Break (Yes, Really)
Just when you thought the Department of Labor had run out of surprises, on June 27, they handed employers a win. The DOL issued Field Assistance Bulletin 2025-3, which essentially says that unless the DOL sues you, they can’t demand liquidated damages anymore. Going forward, they’re limited to collecting just

Workplace Violence: When Employees are Scarier Than Competitors (We Can Help)
Employers are tough. You keep the trains running on time, deal with the ever-rising cost of business, and strive to outdo your competitors. But what’s really keeping you up at night often isn’t the competition; it’s the nagging fear that one of your employees might… snap. Workplace violence isn’t just

Immigration Headaches? We’re Your Legal Ice Pack
Visas, I-9s, enforcement crackdowns, raids. If it feels like you’re constantly engaged in business immigration triage these days, know that you’re not alone. Everything even tangentially related to immigrant workers feels like it’s on life support. It’s enough to make you long for the good old days, when payroll was

The Inevitable Downsizing: A (nother Sad) Reminder That Even Exiting Employees Have a Cost
Sorry to keep bringing the sads, but we need to have a less-than-cheery chat about something many of you are likely contemplating – or perhaps actively navigating: mass layoffs. The economic winds have been shifting faster than a Texas summer storm, and you may be facing the unfortunate necessity of

Harassment Complaint Investigations: The Treaty Oak Version
In honor of someone who has been through her share of both romantic turmoil and actual harassment, below is our Swift-ified version of a tale that’s as old as time: the work relationship that ends up in a complaint to HR. Last “August,” a “Mad Woman” and “The Man” (also

Separation of Powers Shenanigans and Employer Panic
Feeling a little queasy over the ongoing separation of powers drama? A little like you’re trying to build a business on quicksand? You’re not alone. These days, the ever-shifting landscape of legal authority is enough to give anyone a severe case of the “what-ifs.” But fear not, Treaty Oak Legal

SB 1318 Just Rewired the Game for Medical Employment Contracts – Are Your Providers About to Short-Circuit?
Let’s talk about the bill that’s going to blow the dust off every employment agreement in Texas healthcare. And, if you aren’t in healthcare, you should still care – because your biz is next. When Governor Abbott signed SB 1318, most folks didn’t hear the legislative mic drop – but

ADA Nightmares Keeping You Up? We’ll Be Your Xanax (and Your Profit Booster)
Let’s be honest, employers: the ADA is a beast. You’re already juggling a million things, and then you’ve got to worry about whether someone’s “exacerbated” illness is going to land you in court. It’s enough to send anyone spiraling. But here’s the good news: Treaty Oak Legal Group is here