Michael W. Fox

Counsel || Austin

Mr. Fox has represented employers for more than thirty-five years. He has been Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization since 1980 and is a Fellow in the College of Labor and Employment Lawyers.  He has a Yellow Belt certification from Legal Lean Sigma.  He has been regularly listed in the Best Lawyers in America in Labor and Employment Law, as a Texas Monthly “Super Lawyer” in employment litigation and as one of America’s Leading Lawyers for Business by Chambers USA, where he was characterized by clients as a “great trial lawyer” with a “knack of identifying the points in the case to focus on.”

Mr. Fox defends employers in employment law litigation including successfully defending the first male on male sexual harassment case tried to a jury in Texas.  He has had jury trials in the four largest cities in Texas as well as other parts of the state including Amarillo, Texarkana and El Paso.

In addition to jury trials, he has represented employers in more than 25 arbitration hearings on non-labor matters including race, sex and national origin discrimination, wage and hour claims, breach of contract and enforcement of covenants not to compete.

Mr. Fox also has extensive experience representing employers in collective actions under the FLSA. In 2008, he was successful in decertifying a class of more than 1,000 opt-ins and then obtaining a favorable jury verdict in the claims of the named plaintiffs.

In November, 2009 Mr. Fox was called as an expert witness to testify before the Senate Judiciary Committee based on his extensive experience with jury trials and arbitration. His written testimony provided a strong defense of arbitration of employment claims as well as support for the Supreme Court’s “common sense” limitation of the mixed motive instruction in jury trials under the ADEA.

In July, 2002, Mr. Fox started the first employment law related web log, Jottings By An Employer’s Lawyer, now affiliated with law.com Mr. Fox is also the Editor of HR Specialist, Texas Employment Law, a National Institute of Business Management publication and regularly contributes content to BusinessManagementDaily.com.

Learn more about Michael W. Fox

In his more than thirty-five years of practice Michael W. Fox has defended employers in hundreds of lawsuits and administrative claims against allegations ranging from sexual harassment, discrimination or retaliation, to enforcement of non-compete agreements to collective actions under the wage and hour laws.

Representative matters that Mr. Fox has handled include:

While many of the cases Mr. Fox has handled have been resolved by legal rulings or settlement, Mr. Fox has extensive experience as a trial lawyer, serving as an employer advocate in jury trials, arbitration hearings, bench trials and oral arguments before both federal and state courts of appeal.

His experience in contested proceedings include:

Jury Trials

Arbitration hearings

Bench Trials

Oral Arguments on Appeals

Education

Admittance to Practice

Professional Activities

  • American Bar Association (Labor & Employment Law and Litigation Sections)
  • Texas State Bar Association (Labor & Employment Law and Litigation Sections)
  • Society for Human Resource Management
  • Management Labor & Employment Roundtable
  • Fellow, College of Labor and Employment Lawyers

Speeches

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Insights by Michael W. Fox