Overview
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.
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.
Accolades
Honors & Recognitions
- 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
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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
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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
Affiliations
Professional
- 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
Insights
Legal Updates
Events & Speaking Engagements
Publications
Blog Posts
News
Education
JD, The University of Texas School of Law, Associate Editor, The Review of Litigation, 1999
BA, Austin College, summa cum laude, 1996
Admissions
District of Columbia
Texas
Clerkships
- US District Court, Western District of Texas