Image: Brett Holubeck
Brett
Brett A. Holubeck
1001 Fannin Street
Suite 1800
Houston, Texas 77002

Overview

Brett Holubeck is a labor and employment lawyer practicing in the firm’s Houston office.

Brett takes a practical approach to solving problems. He believes in preventing labor and employment issues before they turn into lawsuits. To do this, he works closely with clients to understand the requirements and desires of their businesses and devise solutions that are adapted to their specific needs.  Where possible, he conducts client visits to meet with supervisors, HR professionals, and other members of management to assess strengths and help companies improve. He believes that good preventative measures such as training and effective policies not only helps companies avoid lawsuits but enables them to improve their business and employee morale. As the son of a small business owner, Brett understands the importance of having the right policies and practices in place so businesses can do what they do best: serve their customers and clients.

Brett helps businesses identify their problems, determine solutions, and apply practical approaches whether the issue is related to employee discipline or a question concerning labor unions and everything in-between. He works with employers to look beyond legal solutions and adopts a holistic approach to solving any workplace issue that arises. He has experience handling and addressing wage and hour, discrimination, sexual harassment, disability, employee leave, and traditional labor issues.

In addition, Brett is the author and creator of the Texas Labor Law Blog, a labor and employment law blog that discusses some of the most important issues for business owners, supervisors, and HR professionals.

Finally, Brett is a frequent speaker on a variety of labor and employment topics. His most popular topics remain those that help companies prevent problems before they occur and respond to them when they do: “How to Discipline and Terminate Employees” and “How to Conduct a Workplace Investigation.” These topics form the foundation of documenting employment problems and issues to effectively create a record that can help defend a company in a lawsuit.

Experience

  • Withdrew recognition from a union that represented employees after they presented a petition for the union to no longer represent them. Defended unfair labor practice charges alleging that the company made unilateral changes to terms and conditions of employment prior to the withdrawal of recognition.

  • Defended unfair labor practice charges against a food processing company with more than 30 separate allegations, which involved a workplace slowdown, alleged threats by supervisors, changes to company policies during a union organizing campaign, and alleged surveillance by supervisors.

  • Obtained a dismissal with prejudice for wage and hour and disability claims in an arbitration involving a food processing company.

  • Conducted a workplace investigation and drafted statement of position for an unfair labor practice investigation that was withdrawn by the charging party after no evidence was found to support the allegations.

  • Settled unfair labor practice charges, which resulted in the company not needing to post a notice at the jobsite admitting any wrongdoing.

  • Obtained a withdrawal by the union of its petition for a representative election. 

  • Drafted affirmative action plans for federal contractors detailing various methods to improve diversity in the organization.

  • Conducted reductions in force to ensure that essential personnel were kept and the reduction used objective criteria.

  • Trained various members of management on common labor and employment law issues including employee discipline and termination, conducting a workplace investigation, employee drug use, wage and hour mistakes, the National Labor Relations Act, and other issues.

Involvement

Professional

  • Houston Young Lawyers Association – Leadership Academy Class of 2017

  • Houston Young Lawyers Association – Nonprofit Committee Co-Chair 2018 - present

  • HR Houston – Member

Community

  • Teach For America Alum

  • Eagle Scout

Recognition

  • Best Lawyers "One to Watch", 2022

  • LexBlog Excellence Awards Best ‘How-To’ Post 2019

  • Irving R. Kaufman Memorial Securities Law Moot Court Competition, Awarded Best Brief 2015

  • Innovation, Business, and Law Award (excellence in the area of business law), Iowa College of Law 2015

  • Van Oosterhout-Baskerville Domestic Competition (invitation-only competition, top 32 students out of 155), Competitor

  • Appellate Advocacy Competition, Awarded Best Brief for the State and Top Overall Advocate

  • College of Law’s Baskerville Traveling Team, Competitor

  • Journal of Corporation Law, Senior Note and Comment Editor

Presentations

  • "Questions to Ask When Disciplining and Firing Employees," HR Houston’s Gulf Coast Symposium, August 4, 2021
  • "They Did What!?!: Conducting Effective Workplace Investigations," Society of Corporate Compliance and Ethics and Health Care Compliance Association, August 19, 2021
  • Employment Law Session at the Advanced Business Law Seminar for the Business Law Section of the State Bar of Texas, November 5 (Replay December 8), 2020
  • "A Manager’s Guide to Discrimination," Society of Corporate Compliance and Ethics and Health Care Compliance Association, November 3, 2020
  • "Remote Workplace Investigations," Society of Corporate Compliance and Ethics and Health Care Compliance Association, October 6, 2020
  • "Bystander Training: The Best Defense Against Sexual Harassment," HR Houston, April 6, 2021

  • “Questions to Ask When Disciplining and Terminating Employees,” Society of Corporate Compliance and Ethics, June 16, 2020

  • “Navigating Unprecedented HR Challenges,” United Way of Greater Houston and OpenRICE, May 19, 2020

  • “Top 10 COVID-19 Employment Law Issues,” Texas Bar CLE Webinar, May 5, 2020, replay June 30, 2020

  • “Managers’ Guide to Discrimination,” Lorman, April 27, 2020

  • “They Did What!?!: Conducting Effective Workplace Investigations,” HR Houston Webinar, April 9, 2020

  • “They Did What!?!: Conducting Effective Workplace Investigations,” Society of Corporate Compliance and Ethics, February 5, 2020

  • “They Did What!?!: Conducting Effective Workplace Investigations,” HR Houston, September 19, 2019

  • “7 Questions to Ask When Establishing Cause for Disciplining and Terminating Employees,” Lorman, September 12, 2019

  • “Documentation Requirements for Legal Decision Making,” Lorman, August 27, 2019

  • “What to Do in a Crisis and Managing Difficult Employment Issues,” Cultivate19 Conference, July 16, 2019

  • “My Employees Can Do What!?!: Resolving Difficult Issues,” Cultivate19 Conference, July 15, 2019

  • “They Did What!?!: Conducting Effective Workplace Investigations,” HR Houston HR in Your Neighborhood, April 10, 2019

  • “Employment Law Update for 2019,” NOVAtime, February 28, 2019

  • “I’9s, ICE Raids, and Immigration: What HR Needs to Know,” NOVAtime Webinar, December 12, 2018

  • “Managing Difficult Employment Issues,” Texas Pest Control Conference, November 6, 2018

  • “Questions to Ask When Establishing Cause for Disciplining & Terminating Employees,” MyLawCle, October 12, 2018

  • “Drugs and Your Workforce: What You Need to Know,” AmericanHort Webinar, September 12, 2018

  • “Marijuana, Drugs, and You: Keeping Your Business Out of the Weeds,” NOVAtime Webinar, August 23, 2018

  • “The NLRA And You: What You Don’t Know Can Hurt You,” NOVAtime Webinar, July 26, 2018

  • “When Stuff Gets Hard: Managing Difficult Employment Issues,” Cultivate18 Conference, July 16, 2018

  • “5 Employment Policies All Businesses Must Have,” Cultivate18 Conference, July 16, 2018

  • “2018 Labor and Employment Update:  Midterm Elections, Trump, and You,” Ascentis ENGAGE 2018 Conference, May 7-9, 2018

  • “Employee Records,” Ascentis ENGAGE 2018 Conference, May 7-9, 2018

  • “Common Wage and Hour Issues: We Pay our Employees, Why Are They Suing Us,” NOVAtime Webinar, May 2, 2018

  • “Employee Records: What to Keep and What to Destroy,” NOVAtime Webinar, February 28, 2018

  • “Let’s Chat: Social Media and the Workplace,” United Way of Greater Houston, February 2018

  • “7 Questions to Ask When Establishing Cause for Disciplining and Terminating Employees,” Lorman Webinar, February 21, 2018

Publications

Brett is the author and creator of the Texas Labor Law Blog, a labor and employment law blog that discusses some of the most important issues for business owners, supervisors, and HR professionals. In addition to his blog posts hosted on his personal blog, Brett has published:

After Hours

When he’s not reading, writing, or lawyering - Brett’s primary role is as husband and father where he enjoys many non-legal adventures.