The Employers' Lawyers' Blog
Safeguard your company and your people – while maintaining compliance with the law. So you can get back to work.
32nd Annual Labor and Employment Law Conference: Stop Panicking, Start Profiting
Hey there, anxious business owners and HR folks. Is the heat from potential lawsuits keeping you up at night? Don’t sweat it! Treaty Oak has dug into the latest legal dirt from the 32nd Annual Labor and Employment Law Conference, and we’re here to douse those flames with some snarky
Pure Speculation Discrimination Claims: When “What Else Could It Be?” Becomes Your Legal Nightmare
You’re sitting in your office on a Tuesday morning, coffee still warm, when HR walks in with that look. You know the one. An employee has filed a discrimination complaint, and their smoking gun evidence is essentially: “I feel treated badly, and I’m in a protected class, so… what else
Why a “Best Practice” Boss Is Actually the Best Kind of Boss
Happy Boss’s Day! This year, let’s shift the focus from forced festivities to a genuine appreciation for the impact a truly good boss can have. We’re not talking about the fun boss who brings in donuts every Friday or hands out generous holiday bonuses (though those are nice perks!). No,
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
