Brett Holubeck

Hi, I’m Brett Holubeck (bholubeck@liskow.com) and I’m an attorney with Liskow & Lewis in Houston, Texas. I have a great interest in helping businesses run efficiently, ethically, and most importantly, legally—it excites me, challenges me, and gives my work great meaning. As the son of a small business owner, I have seen first-hand what it takes to run a strong business that ensures a safe and productive work place for employer and employee alike.

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It is that time of the year again! The time to review my 2020 labor and employment law predictions from last year to see how well they did or did not hold up. This year’s predictions are a special kind of train wreck with how COVID-19 totally changed the outcome of many of all of these predictions. Below are my 2020 labor and employment law predictions and my review of them.  1. Minimum Wage Increases…
It is something that occurs once every two years. No, this is not a post about elections or the World Test Championship (it is not what it sounds like and is actually pretty awesome). I’m talking about the Texas Legislative Session beginning and the release of their proposed bills. Texas is unique in that the legislature only meets once every two years unless the governor calls a special session. In this post, we will explore…
One of the largest concerns for companies today is keeping their trade secrets safe. In Texas, companies are protected from the misappropriation or theft of them under the Texas Uniform Trade Secrets Act (“TUTSA”). Essentially, TUTSA provides the framework on what companies need to know to protect their trade secrets in Texas. Trade secrets throughout the US are protected under the Defend Trade Secrets Act  (“DTSA”). While this post does not cover the DTSA, Texas…
You are a company leader. You’re getting ready for work. You turn on the television and see the name of your company blasted all over the news. You discover that there is a group that is very publicly advocating for a change in the company’s policies, or worse, you find out they want the company to close down altogether. You’re stunned. It’s your worst nightmare to see your company’s name dragged through the mud. What…
Around 42% of workers are working remotely during the pandemic. This has shifted employment problems from the office to the home and is causing companies to carefully review how they are managing remote workers. Unfortunately, many workers aren’t following company policy and must be disciplined. Before disciplining these employees, companies need to conduct an investigation. Remote investigations are considered different from a typical in-person workplace investigation (guidance on those can be found here
This is one of the most impactful years that the Supreme Court has had on labor and employment law. The Court took on a number of important and controversial issues including gender identity and sexual orientation discrimination, the DACA program, the standard that must be met for proving age discrimination under the Age Discrimination in Employment Act and race discrimination under Section 1981, whether the ministerial exception applies to teachers at religious schools, and whether…
Onboarding a new employee is tough. Onboarding a new employee remotely is even harder. There are several considerations that every company needs to have before they bring on a new employee especially in light of the current Coronavirus pandemic.  Make sure that the Paperwork is Completed As I mentioned in an earlier post, employers still need to complete the I-9 for all new hires, but this rule has changed somewhat: Every employee must fill…
Businesses are slowly returning to normal from the COVID-19/Coronavirus pandemic. However, there are still a number of issues that are employers are facing. Of course, the most important issue for many employers is making sure that their business survives. Unfortunately, many businesses are also facing another issue: lawsuits. The potential liability for companies is continuing to accelerate. Here are the most likely lawsuits, administrative proceedings, and labor/employment law issues that employers will face in a…
Cobra. No, not that Cobra. Not that one either. The employment law one that sounds like it has absolutely nothing to do with employment law. The Consolidated Omnibus Budget Reconciliation Act of 1985.  You know COBRA. The law that, among other things, requires companies that lay off or terminate employees to provide employees the option to continue their health insurance coverage for a period of time.  What Triggers COBRA Notice Employers with 20…
Unfortunately, the Coronavirus and COVID-19 layoffs are going to continue. In one survey, 32% of Chief Financial Officers believe that there will be more job cuts. There are a number of surveys that discuss what people will do once restrictions regarding the coronavirus are lifted. One survey found that 57% of people in Seattle will avoid social gatherings once restrictions are lifted. There are a lot of stories out of Texas about restaurants and…