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 national e-commerce retailers 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

  • Listed as a Litigation Star (2025) and a Labor and Employment Star (2018-2024), District of Columbia, Benchmark Litigation
  • Named a Best Lawyer in Litigation–Labor and Employment, The Best Lawyers in America, 2023-2025
  • Recommended for Labor and Employment Disputes (Including Collective Actions): Defense, Legal 500 United States, 2020-2024
  • Recognized as a Lawdragon 500 Leading U.S. Corporate Employment Lawyer, 2020-2025

  • 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

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

Events & Speaking Engagements

  • January 17, 2024
    Event
    Presenter
    Labor and Employment Compliance for 2024, Retail Industry Trade Association
  • January 16, 2024
    Event
    Presenter
    Recent DEI Developments: An Update on Legal Challenges to Corporate DEI Programs, Retail Trade Association
  • November 7, 2023
    Event
    Presenter
    Employment Background Checks – Understanding Risks, Compliance Reminders, and Litigation Trends, West LegalEd Center
  • November 1, 2023
    Event
  • October 27, 2023
    Event
    Panelist
    A View From the Frontlines: How to Prepare and Respond the NLRB's Activist Agenda, Retail Law Conference
  • March 10, 2023
    Event
    Presenter
    Legal framework of AI in the US, Swiss Embassy
  • February 28, 2023
    Event
  • January 5, 2023
    Event
    Presenter
    Legal Issues Surrounding the Use of Artificial Intelligence in the Workplace, ACC Houston Half Day CLE Seminar: The Future of Work
  • November 8, 2022
    Event
    Presenter
    Hot Topics in Wage and Hour Compliance, ACC National Capital Region
  • November 5, 2021
    Event
    Speaker
    Briefing on Emergency Temporary Standards (ETS), Industry Group
  • October 6, 2021
    Event
  • July 14, 2021
    Event
    Co-presenter
    Hot Topics in Employment Law, National Retail Federation, Retail Law Summit
  • June 14, 2021
    Event
    Presenter
    Independent Contractors: A Deep Dive, Industry Trade Association
  • April 29, 2021
    Event
    Presenter
    Privilege and Ethics Issues When Conducting Internal Employee Investigations, ACC Houston Half Day CLE Seminar: Employment Law 2021
  • March 24, 2021
    Event
    Presenter
    Vaccine Panel Discussion, Business Trade Association
  • February 2021
    Event
    Presenter
    COVID Litigation in the Retail Industry: A Status Update, industry trade association
  • January 21, 2021
    Event
    Presenter
    Employer compliance Reminders as FCRA Class Actions Rise, myLawCLE
  • November 12, 2020
    Event
    Panelist
    The Austin College Colloquium on Civil Discourse and American Democracy: The Lawyer and American Public Life, Austin College
  • October 29, 2020
    Event
    Panelist
    Impact of the COVID-19 Pandemic on Labor and Employment Litigation, National Retail Federation
  • October 27, 2020
    Event
  • October 20, 2020
    Event
    Moderator
    Retail Roundtable: COVID Response Planning, Retail Law Conference
  • October 7, 2020
    Event
  • September 30, 2020
    Event
    Co-presenter
    COVID-19 Liability Waivers in D.C., MD and VA, DC Bar Pro Bono Center
  • July 21, 2020
    Event
  • May 11, 2020
    Event
  • January 31, 2020
    Event
    Speaker
    Let’s Make a Deal: Strategies for Improving Outcomes in Mediation, Metropolitan Washington Employment Lawyers Association
  • November 4, 2019
    Event
  • May 3, 2016
    Event
    Speaker
    Hot Topics and Trends in FLSA Collective Actions, 23rd Annual Labor and Employment Law Conference, The University of Texas School of Law
  • February 19, 2016
    Event
    Panelist
    Trial Lawyer Perspectives on Ethical Issues in Litigation, Dr. Kenneth Street Law Symposium at Austin College
  • December 9, 2015
    Event
    Speaker
    Criminal Background Checks
  • October 6, 2015
    Event
    Speaker
    Litigation Strategies Presentation – Settlement and Mediation
  • September 24, 2014
    Event
    Speaker
    Criminal Background Checks in the Hiring Process: The Escalating Risks
  • June 4, 2014
    Event
    Speaker
    What Employers Need To Know About Criminal Background Checks and the Fair Credit Reporting Act
  • January 16, 2014
    Event
    Speaker
    Criminal Background Checks in the Hiring Process: The Escalating Risks
  • July 2012
    Event
    Speaker
    Negotiation and Settlement, Hunton Litigation Skills Training
  • July 2012
    Event
    Speaker
    Consideration of Arrests and Criminal Conviction Records in Employment Decisions, American Petroleum Labor Lawyers Association
  • October 2009
    Event
    Speaker
    How to Hire an Attorney, People’s Law School
  • October 2008
    Event
    Speaker
    An Employer's Guide to Reductions in Force, Lorman Education Services
  • October 2007
    Event
    Speaker
    Basics of Covenants Not To Compete and Other Tools to Protect Your Business's Confidential Information, CLE Series for In-House Counsel

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

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