Anthony G. “Tony” Stergio

Anthony G. “Tony” Stergio


Employment Attorney Houston TX -Anthony G. “Tony” Stergio

tbls1-laborandemploymentlawBoard Certified in Labor and Employment Law by the Texas Board of Legal Specialization, Anthony G. “Tony” Stergio has extensive experience in the defense of State and Federal employment discrimination claims, wage and hour compliance and claims, OSHA compliance and contests, Davis-Bacon Act compliance, noncompetition agreements, Department of Labor and TWC investigations and employment policy design and review.

He speaks frequently at employment-related seminars and also counsels clients regarding developments in various areas of State and Federal employment law.

In 2017, Tony received an AV© Preeminent™ Judicial Rating from Martindale Hubbell, the nation’s leading legal services resource. He scored a 5 out of 5 rating, the highest rating achievable in both Legal Ability and Ethical Standards. He previously received an AV© Preeminent™ Peer Review Rating from Martindale Hubbell in 2011.

Best Lawyers Award Badge


Areas of Practice

  • Labor & Employment Litigation
  • OSHA
  • Wage & Hour Compliance
  • Non-Competition Drafting & Enforcement
  • Drafting of Employment Law Handbooks
  • Policies and Agreements
  • Civil Trials

Certified Legal Specialties

  • Board Certified in Labor & Employment Law, Texas Board of Legal Specialization

Bar and Court Admissions

  • Texas
  • U.S. District Court, Northern, Southern, Eastern and Western District of Texas
  • U.S. Court of Appeals, Fifth Circuit and Ninth Circuit

Representative Experience

  • Represented Chinese manufacturer of oil and gas materials in claim against American distributor for non-payment, resulting in jury trial judgment in favor of client for $950,000
  • Successfully reduced $240,000 in proposed penalties in DOJ collection action by nearly 80%
  • Negotiated the reduction of repeat and two serious OSHA violations which carried a $80,000 fine down to one serious and one other-than-serious OSHA violation with a total $10,000 fine
  • Successfully defended company in an NLRB concerted activity investigation
  • Negotiated settlement in a post-employment non-compete case in which none-competition geographic restrictions were reduced by 75% and a near $2 million buyout of the employee’s interest in his former company was obtained
  • Successfully reduced OSHA penalties by over 80% in a worksite fatality case
  • Avoided OSHA citations for general contractors in numerous fatality cases
  • Defended numerous OSHA contests and successfully negotiated significant reductions in penalties and degree of violations
  • Obtained bench trial judgment for employer in non-compete enforcement matter against former employee and employee’s new employer
  • Obtained zero dollar dismissal on Federal ADA Lawsuit
  • Successfully defended national origin and race discrimination cases in Federal Court
  • Obtained Summary Judgment of $400,000 in a Benefits Fraud claim
  • Successfully eliminated claims in excess of $700,000 in damages, attorney’s fees and pre-judgment interest in trial of breach of contract claim
  • Obtained Summary Judgment in numerous age, sex and race discrimination cases in both Federal and State Courts
  • Defended numerous FLSA actions in Federal Court regarding employee/independent contractor issues and FLSA exemptions
  • Advised clients with respect to numerous Homeland Security audits concerning I-9 issues
  • Obtained Summary Judgment in a case regarding former employer’s assertion that former employee had usurped confidential information and engaged in improper competition
  • Successfully established fraudulent transfer of real estate in State Court jury trial
  • Analyzed numerous noncompetition agreements for enforceability issues and litigation strategy
  • Drafted employment policies, handbooks and agreements for numerous large companies
  • Successfully blocked a temporary injunction sought by a terminated employer/shareholder who asserted that termination was shareholder oppression


  • J.D., University of Kansas School of Law, 1990
    • Editorial Board, Kansas Law Review
  • B.A., magna cum laude, University of Connecticut, 1987

Professional Recognition

  • Board Certified in Labor & Employment Law, Texas Board of Legal Top 100 US Verdicts Texas 2016
  • AV© Preeminent™ Judicial Rating (5.0 out of 5), Highest Rating Achievable in both Legal Ability and Ethical Standards, Martindale-Hubbell
  • AV© Preeminent™ Peer Review Rating (5.0 out of 5), Martindale-Hubbell
  • “Texas Super Lawyers,” as presented by Super Lawyers, a Thomson Reuters Business, in Texas Monthly, 2014-Present
  • Recognized in Top 100 Verdicts in Texas, by Top Verdict online publication, in 2016
  • Listed in The Best Lawyers in America® for Employment Law – Management, 2024 Edition

Professional Associations and Memberships

  • State Bar of Texas
  • Houston Bar Association, Employment Law and Construction Law Sections Member
  • The Associated General Contractors of America, Safety and Employment Practices Committees Membe
  • The Associated General Contractors of America, Employment Practices Member
  • American Subcontractors Association
  • Economic Alliance, Houston Port Region



Speeches and Presentations

  • Panelist, SWICA – Panel Discussion on Labor Issues, November 2019
  • Presentation to AGC, Houston Employment Practices/Safety Committee Joint Meeting “How to Manage Employer Injury Under FMLA, ADA & Workers’ Comp,” October 2019
  • Panelist, ASA General Lunch Meeting: “2019 Texas Legislative Recap Panel Discussion,” August 2019
  • Speaker at SWICA Conference “The Legal Life of an Employee Injury,” June 2019
  • Presentation to AGC Safety Committee “Accident Inspections from the Legal Perspective,” June 28, 2019
  • Presentation to AGC TBB Safety Committee “Multi-Employer Briefing,” March 2019
  • Panelist, American Subcontractors Association: “What’s Hot in the World of Human Resources?” February 2019
  • “Austin Sick Leave Mandate,” American Subcontractors Association, October 2018
  • Panelist, “OSHA Fatality Investigations – Best Practices,” OSHA Construction Safety & Health Conference, September 13-14, 2018
  • “Crisis Management – It is Good Business,” Private Client Seminar, July 2018
  • “Supervisor/Manager Training – Sexual Harassment in the Workplace,” Private Client Seminar, May 2018
  • “Trends and Tips in 2018 Employment Law,” Private Client Seminar, May 2018
  • Panelist, “Lessons Learned in the Trenches from HR Nightmares,” American Bar Association Forum on the Construction Industry, New Orleans, Spring 2018
  • “Contracting with DBE Reminder & Sexual Harassment Policies Reminder,” AGC Houston, November 2017
  • “OSHA Recording, Reporting, Inspections, and Citations: How to Avoid Mistakes and Pitfalls,” NACM Houston, October 2017
  • “Fair Labor Standards Act,” American Subcontractors Association, October 2017
  • “Hot Topics in Employment,” BCH Employment Law Seminar, September 2017
  • “Social Media for Contractors,” AGC Houston, July 2017
  • “Big Changes at OSHA? What is Likely in Store for the Agency Under the Trump Administration,” ABC Houston, March 2017
  • “Expected Employment Developments in 2017,” ABC Central Texas, January 2017
  • “The Department of Labor’s New Overtime Rules,” American Subcontractors Association, July 2016
  • “New OSHA E-Reporting/Non-Retaliation Regulations,” AGC Employment Practice Committee, July 2016
  • “OSHA on Your Project,” Austin Bar Association, Construction Law Section, January 2016
  • Presentation to Private Client Group: Employment Law Updates for 2015-2016, September 2015
  • “Common Employer Mistakes,” Presentation to CMFA, April 2015
  • “Top 10 Employer Mistakes,” Greater Austin Contractors & Engineers Association, February 2015
  • “OSHA Compliance and Partnership,” ABC Program Series, February 2015
  • “Important Employment Issues Facing Contractors,” American Subcontractors Association, December 2014
  • “What to do in the Event of an OSHA Inspection,” Association of General Contractors, September 2014
  • “Temporary Employee Roundtable,” Presentation to American Society of Safety Engineers, April 2014
  • “Behavior at Work,” Presentation to TAS Commercial Concrete Construction, Inc., April 2014
  • “Expansion on Affirmative Action Requirements for Veterans and Disabled Persons,” March 2014
  • “Temporary Employees: An Agency and Host Joint Responsibility,” Presentation to Greater Houston STEPS Network, February 2014
  • “Best HR Practices and Common Pitfalls,” American Subcontractors Association, February 2014
  • “Equal Employment Issues and Pitfalls,” Construction Financial Management Association, November 2013
  • “Ask a Lawyer (Panelist)”, Houston Contractors Association, July 2013
  • “Readying for The Affordable Care Act, aka Obamacare,” Numerous presentations, 2012-2013
  • “NLRB Social Media Policies,” Association of General Contractors, October 2012
  • “Ask a Lawyer (Panelist),” Houston Contractors Association, October 2012
  • “Fleet Management-Importance of Cell Phone Policies,” Association of Chemical Industry of Texas, September 2012
  • “Understanding the Affordable Care Act and Employee Classifications,” (Co-Author), Private Event, September 2012
  • “Getting the Right People the First Time,” Economic Alliance Houston Port Region, August 2012
  • “Social Media in the Workplace; Employment Issues,” Texas Association of Assessing Officers, August 2012


  • Equal Employment Issues and Pitfalls
  • HR Crisis Management
  • Affordable Care Act/Obamacare
  • Wage and Hour Issues and Pitfalls
  • Sexual Harassment/Discrimination Training
  • NLRB Social Media Employment Policies
  • EEOC Criminal Background Check Guidance
  • Proper OSHA Procedures
  • Fundamental Issues of Texas Human Resources Law
  • ADA Workshop: Mastering the Challenges of the ADA Overlap
  • Common Employer Mistakes
  • FMLA Updates
  • NLRB Updates
  • Workers’ Compensation Update: Successfully Using Modified Duty, Return to Work and Reasonable Accommodation Without Running Afoul of the ADA, FMLA or Workers’ Compensation Law
  • Sexual Harassment Overview
  • How Alive is Employment at Will?
  • Reasonable Accommodations under the ADA How to Conduct an Internal Investigation
  • Managing Social Media Policies & Procedures
  • A Practice Guide to I-9 Audits
  • Understanding I-9 Requirements
  • Employer’s Best Practices
  • Keeping and Retaining a Skilled Workforce
  • State and Federal Employment Updates