- Discrimination, Harassment, and Retaliation DIsputes
- Wage and Hour Disputes
- Unfair Competition Disputes
- Employment Policies, Training, and Counseling
- Severance, Compensation, and Employment Agreements
- Affirmative Action Compliance
- Occupational Safety and Health Matters
Discrimination, Harassment, and Retaliation Disputes
Since our founding over a decade ago, employers have turned to us for outstanding representation against claims of discrimination, harassment, and retaliation, whether filed by a single plaintiff or on a representative basis. These claims are on the rise, and employers face now more than ever the challenge of managing them efficiently. When claims need to be tried in state or federal court or before an arbitrator, we defend them aggressively.
Wage and Hour Disputes
In recent years, the number of wage and hour lawsuits filed under the Fair Labor Standards Act (“FLSA”) and similar state laws has skyrocketed. Our lawyers defend such claims throughout Texas and across the United States. We have obtained favorable results in cases presenting novel issues of law; we have successfully challenged conditional and class certification of claims; and we have enforced arbitration agreements to compel resolution of alleged collective claims through individual arbitration. Our lawyers also routinely represent clients in audits of their wage and hour practices conducted by the U.S. Department of Labor and state workforce commissions.
Unfair Competition Disputes
Increasing employee mobility poses a direct threat to the security of valuable confidential and proprietary business information, and as a result, to competitive business advantage. Our lawyers are well-versed in trade secret laws and the laws that determine the enforceability of restrictive covenants such as confidentiality, non-disclosure, non-competition, customer non-solicitation, and employee non-solicitation agreements. We routinely draft these agreements; we assist employers in protecting confidential information, including through aggressive litigation when necessary; and we defend clients against claims arising from the hiring of a competitor’s employees.
Employment Policies, Training, and Counseling
We are subject-matter experts on the labor and employment laws. Clients call on us to conduct investigations, often involving high-level employees and complex legal and regulatory issues. Our lawyers routinely develop and implement employment policies and handbooks; consult on employment actions such as hiring, discipline, and discharge; advise on compliance with complex employment laws such as leave and disabilities laws; assist with I-9 compliance; and represent clients in unemployment and payday law hearings. We also provide training on a broad range of workplace topics, including sexual harassment prevention, managing the injured employee, and employee leave laws.
Severance, Compensation, and Employment Agreements
We have extensive experience in drafting executive severance, compensation, and employment agreements. We draft agreements that are suited to your situation and reflect the market standards of your industry, whether you are a hospital, a manufacturer, or an oilfield services company.
Affirmative Action Compliance
Many of our clients are federal contractors and subcontractors. We monitor new regulations and executive orders affecting covered contractors and provide training and counseling on compliance with affirmative action obligations. Our lawyers help clients update their affirmative action plans and represent them in compliance audits and related administrative and legal proceedings.
Occupational Safety and Health Matters
OSHA and state safety agencies have become ever more active in their regulation of workplaces. Our lawyers have deep experience in counseling clients on their obligations under the health and safety laws, in managing government investigations stemming from safety incidents, and in defending employers in court against alleged violations. In times of crisis, as well as when OSHA shows up unannounced, clients seek out our good judgment and our ability to quickly formulate and execute a regulatory response strategy.
Our lawyers have substantial experience representing employers in matters involving unions and the National Labor Relations Board. We defend employers in unfair labor practice proceedings before the Board and in labor arbitrations involving employee discipline and discharge and contract interpretation.