Practice Areas & Industries: Beirne, Maynard & Parsons, L.L.P.

Practice/Industry Group Overview

With regard to labor and employment-related matters, our attorneys represent clients in all types of proceedings in which these disputes may be resolved. We represent clients in administrative proceedings before the Equal Employment Opportunity Commission, Occupational Safety & Health Administration, National Labor Relations Board, Wage & Hour Division of the Department of Labor, Texas Workforce Commission, and Texas Human Rights Commission. When disputes are not resolved in the administrative phase, our attorneys regularly represent our clients in state and federal courts and private arbitration proceedings.

We are also experienced in defending actions involving multiple plaintiffs, including actions in which the EEOC is a party. When necessary and in the best interest of our clients, our attorneys have negotiated successfully with the EEOC to resolve disputes through consent decrees that impose minimum burdens and costs upon our clients. Our experience also extends to claims for defamation, interference with contracts and prospective contracts, and breach of contract brought in the employment context.

Our attorneys have represented clients in employment related matters in the petroleum, petrochemical, pipeline, utility, pharmaceutical, retail and wholesale sales, entertainment, maritime, and airlines industries. We have represented clients that have and do not have employment practices liability insurance.

Some of the types of matters with which our attorneys typically assist clients include:

• Title VII of the Civil Rights Act of 1964 - litigation of sexual, racial and national origin discrimination and harassment claims, retaliation and gender discrimination claims
• §1981 - litigation of race discrimination
• Americans with Disabilities Act (and its counterpart in the Texas Labor Code) - litigation of claims for failure to accommodate and termination
• Age Discrimination in Employment Act (and its counterpart in the Texas Labor Code) - litigation of claims for termination and the validity of releases provided in the context of layoffs involving severance pay
• Fair Labor Standards Act (FLSA) - representation of clients in investigations by the Wage and Hour Division and defense of employers in civil actions for alleged failure to make minimum wage and overtime payments
• Worker Adjustment and Retraining Notification Act - litigation for alleged failure to give proper notice of mass layoffs
• National Labor Relations Act - representation of clients in administrative proceedings when employees have alleged unfair labor practices related to their right to organize
• ERISA - litigation involving alleged interference with attainment of benefits

Sample representations include the following:

• Represented a restaurant company in an ADA claim
• Represented a nationwide restaurant group in a national origin claim
• Represented an aircraft manufacturer in a claim for constructive discharge arising from alleged sexual harassment
• Represented an oil company in a claim of race discrimination in commercial contracting under §1981
• Represented a retirement home company in a termination claim based on race and age
• Represented a corrugated container manufacturer in a claim of workers compensation retaliatory discharge
• Represented a refiner in claims of discrimination and retaliatory discharge
• Represented a hospital corporation in a claim of defamation arising in an employment discharge
• Represented an oil and gas refining company in a claim of discharge for refusal to perform an illegal act
• Represented a national nonprofit organization in a sex discrimination claim
• Represented a prominent pharmaceutical company in a race discrimination claim
• Represented a leading pharmaceutical company in an age discrimination case
• Represented a retirement home company in a termination claim based on race, sex, disability, retaliation, and worker's compensation retaliatory discharge
• Represented a specialty manufacturer in an action against a competitor and former employee for misappropriation of trade secrets, breach of nondisclosure/noncompete agreement, and patent infringement
• Represented a chemical processing company in an OSHA investigation of a job-related fatality
• Represented clients in a broad range of industries in preparing and enforcing covenants not-to-compete