Michael Kelsheimer
Michael Kelsheimer focuses his practice on the employment law needs of Texas businesses and executives across several industries, including healthcare, oil and gas, construction and real estate. With more than 160 laws that impact the employment relationship, clients count on Michael to find effective solutions for every workplace problem they may encounter, both in and out of the courtroom. He has achieved favorable results in litigation before state and federal courts and in arbitration involving many issues, including non-compete and non-solicitation agreements, trade secret theft, all types of discrimination claims, executive employment agreements and FLSA wage and hour claims.
Should I Give References After Separation?
Periodically, an employer will ask about giving references for an employee. Some feel compelled to provide at least a neutral review, others feel that they have to protect the world from making the same bad decision they did. Still others think it is the “law” to provide the dates of employment and whether the person…
New I-9 Form Released
The U.S. Citizenship and Immigration Services (“USCIS”) have released a new form I-9. This is the first change in almost 25 years according to the Society for Human Resource Management. The new form incorporates new fields and has been reformatted. USCIS hopes this will reduce errors in completion.
Employers may begin using the new…
Employment Law 101: Recordkeeping Guide Part I
Who, What, Why . . .
Who does it apply to: In this edition, it varies according to the requirements of the particular law identified below. I am taking a short two-part break from my regular format to bring you the record keeping requirements under Texas and Federal law.
Are “Working Interviews” Legal?
One of my dental practice clients called this week to inquire about an idea he heard of recently called a “working interview.” The idea is to have an hygienist come in for a couple of days to find out whether they are good at their job without officially hiring them. What is better, my client…
Changes to FMLA Service Member Leave Become Effective March 8, 2013
On February 5, 2013, the Department of Labor announced the final rules for changes to the Family and Medical Leave Act (FMLA) permitted under the National Defense Authorization Act of 2010. From the time the act was passed until now, there has not been any final guidance for employers on the DOL’s position with respect…
Employment Law 101: Up In Smoke – A Smoking Discrimination Guide
Who does it apply to: All employers who have employees or prospective employees that smoke.
What is the issue: According to recent statistics 18.5% of the adult population in Texas smokes. Smoking affects productivity of the smoker and can affect the health of all employees. A lot of publicity has come to ideas regarding charging…
Will Texas Prohibit Employers from Asking for Social Media Passwords?
Please enjoy this guest post from Travis Crabtree, my colleague in Houston whose practice focuses on internet law. Visit Travis’ blog at www.emedialaw.com
Democratic Texas State Representative Helen Giddings filed a bill prohibiting employers in Texas from asking for social media passwords from applicants and current employees. Texas joins a long list of states…




