Kevin is co-chair of the firm’s labor and employment team and co-chair of the firm’s Retail and Consumer Products Industry practice group. He has a national practice that focuses on complex employment litigation, employment advice and counseling, and labor relations.
In particular, Kevin has extensive experience representing clients in discrimination class action litigation, governmental agency systemic discrimination investigations, and wage and hour litigation. Other significant aspects of his practice include conducting internal investigations, advising clients regarding executive contract issues, developing criminal background check programs, monitoring client personnel actions for evidence of disparate impact discrimination, assisting clients with Environmental, Social, and Governance (ESG) and Diversity, Equity and Inclusion (DEI) practices, and advising on labor relations strategies. Kevin’s practice also includes evaluating and guiding employers regarding the use of artificial intelligence and technology in the workplace.
During law school, Kevin was a law clerk for the Texas Third Court of Appeals, and following law school, he was a law clerk for the Hon. Harry Lee Hudspeth, Chief Judge, US District Court for the Western District of Texas. Kevin has litigated cases across the country and is admitted to practice before the US District Courts for the Southern, Western, and Eastern Districts of Texas, and the US Court of Appeals for the Fifth Circuit.
Relevant Experience
Represented large nationwide retailer in developing wage and hour and leave policies during national health pandemic.
Advised nation e-commerce retailer on labor relations, including union organizing campaigns, elections, and unfair labor practice charges.
Defended retailer against numerous claims of sexual harassment by executives.
Represented numerous employers in nationwide class actions alleging FCRA violations arising from use of criminal background checks.
Defended numerous clients against claims that they did not comply with pay frequency requirements under New York law.
Defended international oil field services company against ERISA claims by an executive that he was entitled to benefits under a change in control plan.
Defended national retailer against claim that hiring assessment violates the ADA.
Defended oilfield services company in numerous FLSA collective actions.
Defended national retailer in several lawsuits by consumers claiming racial profiling.
Defended national retailer in EEOC nationwide systemic discrimination investigation of maximum leave policy under the ADA.
Defended international natural gas production company in multi-plaintiff case alleging ERISA violations.
Advised national retailer on anti-racial profiling policies and procedures.
Represented staffing agency in bringing claims against competitors and former employees for breach of noncompetition agreements and unfair competition.
Represented oilfield services and supply company in bringing claims against competitors and former employees for employee raiding and unfair competition.
Defended international waste services provider against claims by former executive under a key employee severance plan.
Defended national retailer in FLSA collective action alleging “off-the-clock” work.
Defended national retailer in class action alleging ERISA violations arising from the purported denial of medical benefits.
Defended national retailer in multiple FLSA collective actions alleging employees were misclassified as exempt from overtime pay.
Defended regional financial services company in FLSA collective action alleging loan officers were misclassified as exempt from overtime pay.
Defended national restaurant chain in FLSA collective action alleging unlawful tip pooling.
Defended national retailer in multiple EEOC nationwide systemic discrimination investigation of use of criminal background checks under Title VII.
Defended national retailer in EEOC systemic discrimination investigations of gender pay and promotion practices under Title VII and the Equal Pay Act.
Defended international media and entertainment company against former executive’s claims of Sarbanes Oxley Act violations.
Defended international hotel chain against charges of unfair labor practices.
Defended national and regional employers in numerous single-plaintiff cases alleging violations of state and federal antidiscrimination and wage and hour statutes.
Conducted internal investigation of allegations that senior executive received kickbacks in exchange for awarding work to vendors.
Conducted internal investigation of allegations that offshore drilling company violated OSHA reporting requirements to win drilling contracts.
Conducted internal investigation of allegations that national waste services provider violated immigration laws.
Conducted internal investigation of allegations that executive of international oilfield services company violated health and safety policies.
Conducted numerous internal investigations of alleged harassment and discrimination by company executives.
Conducted internal investigation of nationwide retailer’s alleged failure to follow internal compliance procedures and protocols.
Memberships
Member, American Employment Law Council
Fellow, Texas Bar Foundation
Past President, Austin College “L” Association
Past Member, Austin College Alumni Board
Member, DC Bar Associate, Labor and Employment Section
Member, State Bar of Texas, Litigation and Labor & Employment Sections
Member, American Bar Association, Litigation and Labor & Employment Law Sections
Member, Houston Bar Association
Past Co-chair, Houston Bar Association, Speakers Bureau Committee
Past Co-chair, Houston Young Lawyers Association, Teen Civic Leadership Academy
Past Member, College of the State Bar of Texas
Awards & Recognition
Named a Best Lawyer in Litigation–Labor and Employment, The Best Lawyers in America, 2023-2024
Recommended for Labor and Employment Disputes (Including Collective Actions): Defense (2020-2023), Legal 500 United States
Recognized as a Lawdragon 500 Leading U.S. Corporate Employment Lawyer, 2020-2023
Listed as a Labor and Employment Star, District of Columbia, Benchmark Litigation, 2018-2024
2014 Recipient of Burton Award for Distinguished Legal Writing (Law Firm), Burton Foundation in association with the US Library of Congress.
Named, “Professional on the Fast Track,” H Magazine, 2007
Selected as a Rising Star, Law & Politics and Super Lawyers magazine, 2005-2006, 2008-2009
Honored, Houston Bar Foundation, author of the outstanding legal article, “Who’s Exempt From Overtime Pay? Understanding the Revised White-Collar Exemptions,” The Houston Lawyer, 2006
Insights
Events
Presenter, Labor and Employment Compliance for 2024, Retail Industry Trade Association, January 17, 2024
Presenter, Recent DEI Developments: An Update on Legal Challenges to Corporate DEI Programs, Retail Trade Association, January 16, 2024
Presenter, Employment Background Checks – Understanding Risks, Compliance Reminders, and Litigation Trends, West LegalEd Center, November 7, 2023
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