For Employers

For Texas employers, "bad" things often begin with an unexpected letter—an ominous missive from the Texas Workforce Commission, U.S. Department of Labor, U.S. Equal Employment Opportunity Commission or, worse, a plaintiff’s attorney. 

The Hersh Law Firm partners with small, mid-market, and regional employers to address the challenges of managing a modern workforce and the increasingly complex web of federal, state, and local employment laws and regulations.

Barry represents employers both in and out of the courtroom:

Counsel

Litigation

 Compliance Audits

Agreements and Policies

TWC/EEO Proceedings
Independent Contractor

Handbooks

DOL Investigations

 FLSA Classification

Non-Competes

Wrongful Termination

 

Termination

Overtime Pay

Training

Independent Contractor

Non-Competes

 Anti-Harassment

Wage and Hour

Commissions & Bonuses

Management

Litigation Avoidance

Contracts

 

Investigations

Local Counsel



In addition, as part of the Hersh Law Firm's on-going efforts to address employers' business as well as legal needs, Barry continues to work one-on-one with business owners, executives, and senior managers to help minimize the burdens and costs associated with managing workers.  Barry often is included in clients' executive-level decision-making to help businesses--with and without dedicated Human Resources staff--to avoid potentially costly employment law mistakes.


Below is an example of our services:

Equal Employment/Wrongful Termination Litigation

  • Wrongful termination, discrimination, or retaliation based on race, age, sex, color, religion, national origin, and disability
  • Sexual harassment (representation of employer)
  • Sexual harassment (representation of manager/accused harasser)
  • Workers' Compensation retaliation
  • Family and Medical Leave (FMLA) retaliation
  • USERRA litigation
  • Reverse discrimination
  • Breach of employment agreements
  • Breach or enforcement of non-competition covenants
  • Sarbanes-Oxley Act retaliation
  • ERISA 510 retaliation
  • Defamation
  • Tortious interference with contractual relations

We also conduct Equal Employment Opportunity Commission (EEOC) and Texas Commission on Human Rights (TCHR) charge of discrimination investigations, draft position statements in response to charges, and represent employers at Texas Workforce Commission (TWC) unemployment insurance hearings.

Wage & Hour and Compensation Matters

  • Minimum wage obligations
  • Overtime pay obligations
  • Child labor law restrictions
  • Classification of employees as "exempt"
  • Classification of employees as "independent contractors"
  • Severance agreements
  • Breach of commission or bonus agreements
  • Breach of employee stock option agreements
  • Denial of long-term disability benefits
  • Unemployment claims

Our representation extends to matters under investigation by the U.S. Department of Labor and other administrative agencies. We also offer comprehensive wage & hour audits of employers' overtime practices, calculation of "hours worked," commission and bonus policies, and other compensation and benefit-related practices.

Preventative and Litigation Avoidance Counseling

  • Workforce reductions, reductions in force, and layoffs
  • Corporate reorganizations and restructuring
  • Employment handbooks and employment policies
  • Employment agreements
  • Day-to-day employment law counseling

Practical Considerations for Employers
  • Develop an employment handbook created specifically for your workforce; Avoid borrowed and boilerplate handbooks. Review and update it regularly.
  • Use written employment agreements with executives and as needed.  Don't include terms you don't intend to honor or will not enforce.
  • Reduce commission, bonus, and other compensation agreements to writing.
  • Train managers and supervisors in effective communication, documentation, and employment compliance.
  • Don't hire bad managers or workplace bullies.