Employment Litigation

We defend employers facing claims of sex, race, age, disability, national origin, and religious discrimination; sexual harassment; retaliation; torts such as defamation, intentional infliction of emotional distress, false imprisonment, and conspiracy, among others; and claims arising under employment-related statutes such as federal and state whistleblowing laws, the military leave act (USERRA), the Sarbanes-Oxley Act, the Occupational Safety and Health Act, and the Family and Medical Leave Act.

We practice in state and federal courts, in arbitration, and before numerous state and federal agencies, including the Equal Employment Opportunity Commission, the Texas Workforce Commission, the Office of Federal Contract Compliance Programs, the U.S. Department of Labor, the National Labor Relations Board, and the Occupational Safety and Health Administration.

Unions and Traditional Labor Law

We advise clients seeking to prevent union campaigns or those who are facing a union campaign and representation election. We also represent employers in collective bargaining with incumbent unions; in unfair labor practice proceedings before the National Labor Relations Board and National Mediation Board; and in labor arbitrations involving employee discipline and terminations and contract interpretation.

Wage and Overtime Compliance and Litigation

The federal Fair Labor Standards Act and similar state wage and hour laws have spawned a cottage industry of firms specializing in wage and hour lawsuits, often claiming payment of overtime. These lawsuits can lead to significant potential liability because of the number of plaintiffs, backpay liability, and potential attorneys’ fees at stake. We counsel employers on how to avoid such lawsuits and we defend them vigorously when they arise.

Employment Counseling and Training

Many clients call on us to develop and implement employment policies and handbooks; consult on employment actions such as hiring, discipline, and termination of employment; comply with complex employment laws such as leave and disabilities laws; assist with I-9 compliance; and to represent them in unemployment or payday law hearings. We also provide training on a broad range of workplace topics, including sexual harassment prevention, managing the injured employee, employee leave laws, and union prevention.

Covenants Not to Compete and Trade Secrets Litigation

The enforcement of non-competition agreements in Texas is a complex area of the law requiring specific expertise. We represent clients who wish to protect valuable trade secrets and confidential information by drafting enforceable agreements and litigating non-competition disputes, as well as other claims related to employees’ duties of loyalty and confidentiality. We also counsel employers regarding the enforceability of existing non-competition agreements.

Management of International Employment Litigation and Employee Issues

Our lawyers advise clients engaged in or exploring the potential for business in Latin America, Europe, West Africa, and other regions regarding employee issues. We also manage employment litigation that arises in these countries and act as a liaison with local counsel so that they handle matters expeditiously and with our clients’ interests always in mind.

Arbitration Agreements

Much like non-competition agreements, creating and enforcing arbitration agreements requires expertise in this ever-changing area of the law. We have substantial experience in developing and enforcing arbitration agreements and programs. We also litigate claims in arbitration.

Executive Compensation Matters and Employment Contracts

We represent companies or executives regarding compensation, severance pay, stock options, and non-competition issues. We draft executive employment and severance agreements and litigate issues arising out of them.

ERISA and Denial of Benefits Claims

We defend employers and plans in denial of benefits disputes and other claims arising out of the Employee Retirement Income Security Act.

Commercial Litigation

We represent businesses in all manner of commercial disputes, including contract and tort disputes with other businesses and individuals.