Scott Agthe is a trusted advisor and relentless defender of his clients. For over 30 years, Scott has successfully handled hundreds of cases and claims, litigating and advising on nearly every facet of labor and employment law. Further, through preventive advice and proactive plans and policies, he works closely with clients to solve dangerous problems in a cost-effective manner. Here are some examples of Scott’s services:

  • Agency investigation defense for overtime and other payroll violations
  • Defense of charges of discrimination and harassment
  • OSHA safety standard citations and investigations
  • Whistleblower and retaliation claims and lawsuits
  • Employee theft of trade secrets, or violation of non-compete terms
  • Layoff planning, WARN Act compliance, severance agreements
  • Guidance during harassment investigations
  • Guidance for disciplinary and termination decisions
  • Responses to wage claims and unemployment benefit disputes and hearings
  • Executive and retention agreements
  • Union prevention, collective bargaining, grievance defense
  • Government contracting, Service Contract Act &...
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  • Honors & Certifications:
    • Board Certified, Labor & Employment Law, by the Texas Board of Legal Specialization
    • “AV Preeminent” Peer Rated by Martindale-Hubble (2008 – 2023)
    • Peer selected for The Best Lawyers in America® for Litigation – Labor and Employment and Employee Benefits (ERISA) Law (2022 – 2023)
    • “Top Rated” Lawyer in Labor & Employment Law (2009 – 2018)
    • “Super Lawyer” Employment & Labor Law (2013 – 2018)
    • Fellow, Texas Bar Foundation (Texas Bar’s highest honor to less than 1% of the Bar)
  • Memberships:
    • Past Chair and Board Member, Austin Bar Association Labor & Employment Section (2011-14)
    • Member, Employers Counsel Network (2014-2015)
    • Member, Labor & Employment Law Section, State Bar of Texas
    • Board of Directors, Texas Association of Business (2006 – 2008)
    • Board of Directors, Austin Bar Association (2013-14)
  • Arbitration & Neutral Credentials:
    • Independent Hearing Examiner, certified by Texas Education Agency (2011-2012)
    • Cornell University Industrial & Labor Relations School Employment Law Arbitrator Program
    • National Association of Arbitrators (NAA) Arbitrator Program
    • ABA Employment Law Arbitrator List
    • National Arbitration and Mediation (NAM) Arbitrator Roster
  • Selected Presentations & Teaching Experience:
    • “Ensuring a Smooth & Legal Hiring Process,” Business & Legal Resources, Austin, 2013
    • “Liability from Poor Employment Practices,” The Texas Business Update, Austin, 2010.
    • “Sex Harassment: Ten Things Management Needs to Know,” MOWAT, Austin, 2007
    • “Cost Containment Options,” American Society of Safety Engineers, El Paso, 2007
    • “Pros & Cons In and Out of the Workers’ Comp System,” Open 4 Business Austin, 2007
    • “Workers’ Comp Reform” Risk & Insurance Management Society, Fort Worth, 2005
    • “Taking Control & Opting Out,” Risk & Insurance Management Society, Dallas, 2005
    • “Reforming Comp: the Legislature & Courts, American Society of Safety Engineers, El Paso, 2005
  • Selected Published Appeals:
    • Garza v. Phelps Dodge Refining Corp., 262 S.W.3d 514 (Tex. App. – El Paso, 2008)
    • Vega v. Gasper, 36 F.3d 417 (5th Cir. 1994)
    • Stout v. Borg-Warner Corp., 933 F.2d 331 (5th Cir.), cert. denied, 502 U.S. 981 (1991)
    • Southland v. Burnett, 790 S.W.2d 828 (Tex. App. – El Paso, 1990)
    • Siebert v. Enriquez, 774 S.W.2d 812 (Tex. App. – El Paso, 1989)
  • Publications:
    • Co-Editor, Texas Employment Law Newsletter, Business & Legal Resources (2014 – 2015)
    • Labor Relations, Doing Business in Texas, 2d Ed., Chapter 22, Published by the International Section of the State Bar of Texas, 2003.
    • More Than Just a Rulebook: How to Write an Employee Handbook, Executive Ezine (2010).
    • Reforming Workers’ Compensation, Texas Orthopedics, Vol. 2 Issue 5 (2005)
    • Avoid Costly Workers’ Comp Insurance by Opting Out, Executive Legal Advisor, 2004
    • Just Say No [to Costly Comp], Texas Lawyer, 2002




Scott A. Agthe


[email protected]





U.S. Supreme Court
U.S. Court of Appeals, 5th Circuit
U.S. District Court, W.D. Texas
U.S. District Court, S.D. Texas


University of Houston Law Center, J.D., 1987
New Mexico State University; B.A., Communications, with High Honors, 1984

Prior Law Firm Experience

Constangy, Brooks, Smith & Prophete, LLP
Brown McCarroll, LLP (now Husch Blackwell, LLP)

Practice Areas