Kevin co-chairs the firm’s labor and employment team and  has a national practice that focuses on complex employment litigation and employment advice and counseling.

In particular, Kevin has extensive experience representing clients in the retail, energy and financial services industries 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, and monitoring client personnel actions for evidence of disparate impact discrimination.

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 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 numerous employers in nationwide class actions alleging FCRA violations arising from use of criminal background checks.
  • Defended national retailer against claim that hiring assessment violates the ADA.
  • Defended oilfield services company in numerous FLSA collective actions.
  • 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.
  • 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 action 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 financial services company against executive's allegations of FMLA 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.
  • Written and spoken on such topics as criminal background checks, medical leaves of absence, overtime wages, record retention, employee discipline, internal investigations, and covenants not to compete.

Memberships

  • Fellow, Texas Bar Foundation 
  • Past President, Austin College “L” Association 
  • Past Member, Austin College Alumni Board 
  • 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

  • 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. A description of the selection methodology can be found on Super Lawyers’ webpage.

  • 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

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