Insights
Practical notes for Texas employers.
Written by Andrew M. Crawford from more than a decade inside HR and labor relations. General information, not legal advice about your situation.
Investigations & discipline
Performance management“Treat your stars like stars”: is it illegal to treat high performers better, and how to do it without the lawsuitA championship coach's blunt philosophy raises a real question: is it illegal to treat top performers better than low performers? Usually not. How to build a system that rewards stars and pushes strugglers harder, defensibly, and why it gets messy fast.DisciplineModern discipline in an at-will state: why the precedent you set is the law you live byTexas is at will, but at-will employment is full of holes. Why discipline has to be specific, factual, and consistent, why criminal labels backfire, and how an employer's own past decisions become the rules it is judged by.Workplace investigationsEffective workplace investigations: speed, direct questions, and when an outside investigator is worth the costWhy the first 48 hours of a workplace investigation matter, how to ask direct questions, what a defensible termination looks like in at-will Texas, and when to bring in an outside investigator.
Engagement & HR
Employee engagementEmployee engagement comes down to four things: communication, recognition, development, and servant leadershipEngagement is not a survey score. It comes down to two-way communication, recognition that does not feel like favoritism, development that works for both the employee and the company, and leaders whose job is to solve problems for their people.Incentive payIncentive pay done right: let the system be the demanding boss, and know the laws that make it hardWhy incentive systems, from stock options to milestone bonuses, drive productivity at every level, why output metrics beat input metrics, and the wage, tax, discrimination, leave, safety, and labor laws a poorly built plan can violate. Start small and grow it as the results prove out.Employee engagementWhy employees hate engagement surveys, and what to do instead: a ten-minute check-in that measures real engagementAnnual engagement surveys are outdated the day they close and skewed by whatever happened that week. A short, conversational check-in throughout the year becomes a living engagement survey: it tracks goals, career growth, and performance, flags compliance problems early, and measures whether people are actually thriving.TrainingWorkplace training done right: mandatory, message-driven, and targeted training that actually changes behaviorThree kinds of workplace training, what each is for, and why the best training does not stop at the class. Including targeted coaching after an investigation, when an employee did not break a serious rule but came too close.Job descriptionsThe job description problem: how getting job classification wrong creates accommodation, workers' comp, and misclassification riskA job description looks like paperwork until it is evidence. How a vague or outdated description and a wrong classification lead to ADA and pregnancy accommodation disputes, workers' comp problems, overtime and contractor misclassification, and pay equity claims, and how a good one attracts and keeps talent.Job descriptionsJob descriptions are living documents: why to audit them, and why to keep updating themJobs drift, laws change, and a description written three years ago may be wrong today. What a job description and classification audit covers, the events that should trigger an update, and how to keep descriptions current on a schedule you choose.
Leave, claims & injuries
Unemployment claimsTexas unemployment claims: what an uncontested claim really costs an employerHow a Texas unemployment claim is charged to an employer's account, how chargebacks raise the state unemployment tax rate for about three years, and how to respond and win a TWC hearing.Workers' compensationTexas workers' compensation: what makes Texas different, and how employers should prevent and handle injuriesTexas is the only state where most private employers can opt out of workers' compensation. What subscribing and non-subscribing employers must do, the deadlines that matter, and how to prevent and respond to workplace injuries.
Labor relations
Labor relationsSolicitation policies in the age of Slack and GoFundMe: what the NLRB allows, and why one exception can become the ruleNo-solicitation and no-distribution rules, company email and messaging platforms like Slack, crowdfunding for coworkers, and the housekeeping that keeps a policy enforceable. Why diligence matters: one casual exception can become the precedent that defeats the rule.Labor relationsManaging while you bargain: the status quo rule, direct dealing, and the everyday mistakes that create chargesOnce employees choose a union, ordinary management decisions change. How the status quo rule, the ban on direct dealing, information requests, and discipline work during bargaining, and how to keep running the business without creating unfair labor practice charges.Labor relationsUnion organizing and the NLRB in 2026: employee rights, unfair labor practice charges, and preparing your leadersWhere the NLRB stands in 2026, what employers and supervisors may and may not say during a union campaign, how to respond to an unfair labor practice charge, and why honest, well-trained leadership matters more than ever.ArbitrationEmployment and labor arbitration in Texas: what it hears, what it does not, and when an arbitration agreement is worth itHow employment arbitration differs from court, which claims Texas employers cannot send to arbitration, what an enforceable arbitration agreement needs, how union grievance arbitration works, and how to weigh the cost against the benefit.
EEO & compliance
Conflicts of interestConflicts of interest at work: the common ones, the hidden ones, and why timely disclosure solves most of themA deep dive into employee conflicts of interest, from family-owned vendors and side businesses to workplace relationships, gifts, and government contracting rules, and how clear rules and timely disclosure keep a small conflict from becoming a large problem.Federal contractor complianceAffirmative action for federal contractors in 2026: what is still required, and what a well-run outreach program looks likeAfter the 2026 rules, federal contractors still owe affirmative action programs for protected veterans and individuals with disabilities. A well-run program never changes merit-based selection. It fishes in more ponds and develops talent.