David L. Barron

Member

Houston

(713) 750-3132

(832) 214-3905

Dallas

(214) 462-3034

David will be speaking at an upcoming event:

Health Law 2022

Webinar 12/08/2021

Cozen O'Connor’s Health Care & Life Sciences industry team invites you to this year’s Health Law 2022 program.

Event Details 

David partners with clients to offer practical solutions to labor and employment problems of all sizes and shapes before they end up in litigation. That might mean helping a human resources professional with a complicated disciplinary action or helping a Fortune 500 CEO respond to a union campaign. David understands his clients' businesses and works tirelessly and creatively to make a client's goal his goal. With a focus on partnership in decision making and an emphasis on supervisor training, many of David's clients have seen dramatic drops in employment litigation.

Of course, not every dispute can be avoided. Employment disputes can often be high stakes, bitter, and expensive. Unlike many employment lawyers, David is no stranger to a courtroom. Whether it is a non-compete or trade secret case, FLSA collective action, or an unfair labor practice charge at the NLRB, David has experience litigating high profile matters. In fact, because of his substantial trial experience, David is often called upon by clients to assist in complicated litigation outside of the employment realm, and David has successfully won cases across the state of Texas in both state and federal courts.

Because of David's common sense approach to labor and employment issues, he is often quoted in newspapers and magazines. He has also appeared as an employment law professional on talk radio and local CBS and Fox affiliates.

David is Board Certified in Labor and Employment Law by the state of Texas and has been named a Texas Super Lawyer Rising Star in Texas Monthly magazine.

When not helping clients, David can be found leading his son's Boy Scout troop, running a marathon, or hiking on a mountain.

Experience

News

How will testing unvaccinated employees work under Biden's vaccine mandate?

November 04, 2021

David Barron was quoted in the Dallas Morning News discussing the challenges employers face with the latest COVID-19 vaccine requirements for employers of 100 or more employees.

More Than 205 Cozen O’Connor Attorneys Named Best Lawyers and Ones to Watch By The Best Lawyers In America

August 19, 2021

Best Lawyers selected 210 Cozen O’Connor lawyers from 23 of the firm’s nationwide offices for inclusion in the 2022 edition of The Best Lawyers in America.

‘Soft’ Vaccine Mandates Seen as Boon to Worker Buy-In, Safety

August 04, 2021

David Barron spoke with Bloomberg Law about the latest on offices reopening with COVID-19 vaccination policies.

Here’s where return-to-office plans stand now

August 03, 2021

David Barron was quoted in CNBC discussing the latest on returning to work.

What You Need to Know About HIPAA and Vaccine Status

July 23, 2021

David Barron was quoted in Inc. discussing the confusion that comes with asking someone about their COVID-19 vaccination status.

Delays, More Masks and Mandatory Shots: Virus Surge Disrupts Office-Return Plans

July 23, 2021

David Barron was quoted in The New York Times discussing the possibility of employers implementing mandatory COVID-19 vaccine policies.

Why Your Return to the Office Requires Two Workplace Safety Policies

July 09, 2021

David Barron spoke with Inc. about the challenges employers face with the return to work policies.

The jobs are coming back — but the workers are not

June 09, 2021

David Barron spoke with NBC News about the challenges companies face when returning to work.

Employers Contend with Conflicts over Masks, Vaccinations

June 04, 2021

David Barron spoke with SHRM about how the CDC's recent guidance on masks has encouraged some vaccinated employees to go maskless in the workplace.

‘Public Health 101 failure’: CDC mask decision may knock out Biden’s workplace Covid crackdown

May 18, 2021

David Barron was quoted in Yahoo! News discussing the impact of the CDC mask-dropping guidance for those who are fully vaccinated against COVID-19 in the workplace.

What employers need to know about mask mandates at work

May 17, 2021

David Barron joined This Morning with Gordon Deal to discuss the latest CDC mask guidelines and how it applies in the workplace.

Masks for thee, but not for me?

May 17, 2021

David Barron was quoted in Politico discussing if employees should still be required to wear masks on the job.

Will the Recent CDC Guidelines Along with State Mandates Regarding Face Masks Create Two Classes of Employees? Is That Even Fair?

May 14, 2021

David Barron was interviewed by Law.com discussing what changing face mask rules mean for the workplace.

How Companies Can Avoid A Crisis Created By CDC’s New Mask Guidelines

May 14, 2021

David Barron was quoted in Forbes discussing how the latest CDC mask guidelines impact employers.

CDC relaxes mask guidance, but employers are left waiting on OSHA

May 14, 2021

David Barron was quoted in HR Dive discussing how the latest CDC mask guidelines impact employers.

Employers Deal with Workers’ Lost Vaccination Cards

April 21, 2021

David Barron was quoted in SHRM discussing the possibility of mandatory vaccinations at work.

How To Beat The Legal Heat This Summer Internship Season

March 22, 2021

David Barron spoke to Law360 about the upcoming summer internship season and the legal challenges.

Take Steps to Fight Pandemic Fatigue

March 08, 2021

David Barron was quoted in SHRM discussing how pandemic fatigue is creating challenges and legal risks that employers need to address.

I know you are but what am I?

March 03, 2021

David Barron joined the Jimmy Barrett Show to discuss Texas lifting COVID-19 restrictions and how to handle the new rules with your employees and customers.

Workers who feel unsafe returning to work can collect unemployment checks

March 03, 2021

David Barron spoke with FOX26 Houston about the new safety protocols that OSHA is issuing.

Tips For Employers Reeling From The Texas Weather Crisis

February 19, 2021

David Barron was quoted in Law360 discussing the severe cold weather crisis in Texas.

OSHA Virus Emergency Rule Looms as Potent Weapon for Litigation

February 12, 2021

David Barron and John Ho were quoted in Bloomberg Law discussing COVID-19 OSHA citations.

A Return to the Office for Workers May Be Coming as Vaccinations Increase

February 09, 2021

David Barron spoke with CNBC about how most U.S. organizations said that they will encourage, rather than require, their employees to get vaccinated, according to research from the Society for Human Resource Management conducted in December.

Employer Guide to COVID-19 Vaccination [HR Headaches Blog]

January 22, 2021

David Barron, John Carrigan, Jr., Arielle Eisenberg, Aaron Holt, and Nandini Sane designed a guide on how employers can handle the COVID-19 vaccination for their employees. The most important question right now for Human Resources professionals is vaccination and more specifically, how to implement...

How Much Vaccine Information Should You Demand From Employees?

January 20, 2021

David Barron was quoted in Inc. discussing how employers can handle their employees receiving the COVID-19 vaccine.

Here are the rights employers have to fire workers identified as Capitol Hill rioters

January 08, 2021

David Barron spoke with AmpGoo about the potential consequences employees face if they attended the Capitol Hill riot.

Biden administration faces obstacles to revising employment laws

December 15, 2020

David Barron was quoted in Business Insurance discussing the impact the Biden administration could have on the NLRB.

Senate stimulus negotiators try to reach deal on whether companies can be sued over virus outbreaks

December 08, 2020

David Barron was quoted in the Washington Post discussing one of the issues facing the bipartisan stimulus negotiations is the insistence by Senate Republicans that businesses and other entities have sweeping immunity from coronavirus-related lawsuits.

Employers start preparing for the coronavirus vaccine with a question: Can we require it?

December 02, 2020

David Barron spoke with The Washington Post about how employers can incentivize their employees to take the COVID-19 vaccine without requiring it.

Mailbag: Can I restrict workers' personal travel?

November 25, 2020

David Barron spoke with HR Drive about how the upcoming holiday season is about to collide with a pandemic and employers have some options when it comes to workers' personal travel.

What to know if your employer wants you to get vaccinated for COVID

November 16, 2020

David Barron spoke with CNN about the possibility of employers requiring employees to take the COVID-19 vaccine.

3 Challenges For Holiday Hiring In 2020

November 06, 2020

David Barron was quoted in Law360 discussing what companies should consider with the hiring process during the COVID-19 pandemic.

High-Stakes Contract Talks Spark Labor Actions In Pandemic

October 23, 2020

David Barron was quoted in Law360 discussing how safety concerns and demands for hazard pay are compounding the wage and benefits issues that typically drive conflicts at the bargaining table, while employers have been hesitant to make concessions amid a business environment as uncertain as any they've ever faced.

Who Do You Want Back In the Office? Someone With COVID-19 Antibodies or Someone Who Tested Negative for COVID-19?

October 16, 2020

David Barron did an interview with Law.com about the pros and cons of going back into the office and the issue of Immunity Discrimination.

Mailbag: Can we require that employees receive a COVID-19 vaccine?

October 12, 2020

David Barron discussed with HR Drive whether an employer can force employees to receive a vaccine for COVID-19.

Four Cozen O’Connor Attorneys Recognized as 2020 Texas Super Lawyers

September 24, 2020

Cozen O’Connor attorneys David L. Barron, Stephen P. Pate, A. Martin Wickliff, Jr., and Joseph A. Ziemianski were named 2020 Texas Super Lawyers.

Why HR needs to watch out for ‘immunity discrimination’

September 22, 2020

David Barron was quoted in Human Resource Executive discussing a new type of bias that involves recruiters who favor job candidates who have already contracted and survived COVID-19.

Worried About COVID-19? Too Bad. Your Boss Can Still Require You to Return to The office

September 22, 2020

David Barron spoke with Law.com about how your company can require you to return to the office once the office space has been COVID-19 approved for occupancy.

Employers Should Prepare for Wave of COVID-Related Wrongful Death Lawsuits [HR Headaches Blog]

September 01, 2020

The latest projections estimate that nearly 300,000 Americans will die from COVID-19 by the end of 2020. Many of those individuals will be employed when they contract the virus, and a significant number will be workers in front line businesses such as retail, manufacturing, or healthcare, where the...

Houston attorney warns employers to prepare for wave of COVID-19 wrongful death suits

August 26, 2020

David Barron spoke with the Southeast Texas Record about how he believes there will be a large number of cases filed in front line industries and workplaces where there have been substantial outbreaks of COVID-19.

More Than 200 Cozen O’Connor Attorneys Named Best Lawyers and Ones to Watch By The Best Lawyers In America

August 20, 2020

Best Lawyers selected 201 Cozen O’Connor lawyers from 23 of the firm’s nationwide offices for inclusion in the 2021 edition of The Best Lawyers in America© (Copyright 2020 by Woodward/White, Inc., of Aiken, SC).

GovExec Daily: Avoiding a Toxic Work Environment

August 17, 2020

David Barron joined the GovExec Daily podcast to discuss how employers and employees can stay away from hostile environments.

Coronavirus Complicates Workplace Drug-Testing Programs

August 14, 2020

David Barron was quoted in SHRM discussing how employers are also facing issues when handling drug-testing logistics during the pandemic.

Top Employer Questions About Weed and the Workplace

August 13, 2020

David Barron spoke with SHRM about how now that marijuana is legal in many states, can employers still ban it from the workplace?

Some employers have illegally fired workers who refuse to sign COVID liability waivers

July 23, 2020

David Barron was quoted in Yahoo! Finance discussing employers requiring employees to surrender their right to sue over COVID-19.

School Closings Shaping Up As Next Headache For Employers

July 17, 2020

David Barron was quoted in Law360 discussing the possible impact of the upcoming school year on employers.

Parents Raise Concerns About Philadelphia School District’s Reopening Plan

July 15, 2020

David Barron spoke with CBS Philly about the challenges families face with schools reopening.

The Legal Implications of COVID-19 in the Workplace

July 08, 2020

David Barron spoke with Supply Chain Brain about the legal issues for employers that might arise from employees contracting COVID-19 in the workplace.

Supreme Court Expands Religious-School Exemption from Civil Rights Laws

July 08, 2020

David Barron spoke with SHRM about the ruling by the U.S. Supreme Court that two elementary school teachers at religious schools could not pursue their claims of age and disability discrimination.

How Can Employers and Businesses Protect Their Workers?

July 06, 2020

David Barron discussed with NBC Bay Area about the challenges many businesses and employers are facing as they try to reopen while also protecting the health of their workers.

Want Workers To Sign COVID-19 Waivers? Don't Go There.

July 01, 2020

David Barron spoke with Law360 about whether employers should have employees sign COVID-19 liability waivers.

Civil rights win for LGBTQ employees: Implications for employers

June 16, 2020

David Barron spoke with Benefits Pro about the Supreme Court's ruling that the protections imposed by the 1964 Civil Rights Act extended to gender identity and sexual orientation.

If your unemployment claim was denied, here are your options

May 19, 2020

David Barron was quoted in Fortune discussing what people should do if their unemployment claim is denied.

Vermont gov. orders in-state employees to take health, safety training ahead of reopening

May 12, 2020

Cozen O'Connor Labor & Employment attorneys were mentioned in HR Dive discussing re-opening guidelines from the COVID-19 pandemic.

Worker sues after being fired for refusing to violate shelter-in-place order

May 08, 2020

David Barron was quoted in HR Dive discussing the risks employers have in reopening business from the COVID-19 pandemic.

Employee rights during the coronavirus

May 08, 2020

David Barron was quoted in the Defender Network discussing the rights employees have if they refuse to return to work as businesses begin to reopen.

5 compliance tips for reopening the workplace

May 04, 2020

David Barron spoke with HR Dive about how the recall of employees could present a series of legal pitfalls for the unprepared.

EEOC Slows Some Processes During Pandemic

April 27, 2020

David Barron was quoted in SHRM discussing if an employee contacts the EEOC for a right-to-sue letter during the COVID-19 pandemic.

Furlough vs. layoff? As more workers lose their jobs, here’s what to know about your rights and benefits

April 22, 2020

David Barron spoke with Fortune about the rights that furloughed employees have.

How to Safeguard the Privacy of Workers with COVID-19

April 20, 2020

David Barron was quoted in SHRM discussing what employers should do when an employee test positive for COVID-19.

The Reopening Challenge: 5 Tips for Getting Back to Business

April 17, 2020

David Barron was quoted in Inc. discussing the challenges that employers will face when they reopen their business during the COVID-19 pandemic.

Employers need to have a game plan now for returning to work after coronavirus

April 15, 2020

David Barron spoke with Employee Benefit Adviser about employers preparing to reopen nonessential businesses.

What Does a Furlough Mean for Your Employment Rights During the Coronavirus Crisis?

April 10, 2020

David Barron was quoted in Getaka discussing the difference between being furloughed and being laid off.

Can you be sent home without pay for having a fever?

April 08, 2020

David Barron spoke with CNBC about employers checking the temperature of employees.

Forgivable Loan Apps Start Today And Will Be Big For Startups Facing COVID-19 Disruptions

April 03, 2020

David Barron was quoted in Crunchbase discussing the COVID-19 stimulus bill for small businesses in the United States.

National Town Hall: What the $2 Trillion Stimulus Means for Your Business

March 27, 2020

David Barron joined a town hall discussion about the recent stimulus package that was passed by the Senate.

Can you be fired for working from home?

March 26, 2020

David Barron spoke with CNBC about the new federal legislation that was signed into law that included changes to the paid sick leave requirements included in the Family and Medical Leave Act.

$2 Trillion Stimulus Package on the Way: Here's What's in It for Business Owners

March 25, 2020

David Barron spoke with Inc. about how the COVID-19 related stimulus package will impact employee benefits.

Here's who qualifies for coronavirus paid sick leave under new federal law

March 24, 2020

David Barron was quoted in The Times and Democrat discussing the federal government's emergency coronavirus relief law.

What to do if you are laid off from work due to COVID-19

March 18, 2020

David Barron spoke with Yahoo! Finance about how COVID-19 could be an exception to the rule involving the WARN Act.

As Coronavirus Panic Increases, So Does Racism Toward Asian People

March 03, 2020

David Barron discussed with Best Life about how employers should take extra care to avoid workplace discrimination as coronavirus fears increase.

How IBM, Goldman Sachs, PwC and others are responding to the coronavirus threat to the global workplace

February 28, 2020

David Barron was quoted in The Washington Post discussing what he sees how businesses are handling coronavirus with their employees.

Severe Flu Season Creates HR Challenges [HR Headaches Blog]

January 24, 2020

With the outbreak of the corona virus dominating headlines, it is a great time to dust off the company policy on dealing with flu season and infectious diseases, generally, in the workplace. Contagious diseases are particularly troublesome subjects for companies because of the varied circumstances...

A complete guide to wearing a Halloween costume in the office, according to HR experts

October 28, 2019

David Barron was quoted in The Ladders discussing how employees should dress for Halloween.

Why the Office Halloween Party is becoming a Corporate Zombie

September 18, 2019

David Barron was quoted in Patch discussing how companies should handle office Halloween parties.

Texas’ Expansion of Medical Marijuana May Impact Employers [HR Headaches Blog]

September 04, 2019

Texas has largely avoided the wave of marijuana legalization sweeping the country and the accompanying legal complications that have come along for the ride.  Those days may be numbered as the Texas Legislature recently passed a significant expansion of the state’s Compassionate Use Program. The...

138 Cozen O’Connor Attorneys Named to the Best Lawyers in America

August 28, 2019

Best Lawyers selected 138 Cozen O’Connor lawyers from 21 of the firm’s national offices for inclusion in the 2020 edition of The Best Lawyers in America.

Hurricane Season Preparation Guide for HR Managers [HR Headaches Blog]

June 27, 2019

It’s hurricane season, and companies all along the Gulf should have a plan in place not only to address business continuity issues, but also the human resources and staffing questions that arise in the event of a natural disaster like a hurricane or flooding event. Our firm has prepared the...

Update on Local Sick Pay Laws in Texas [HR Headaches Blog]

June 10, 2019

The Texas legislative session has come to a close, and the much expected law banning cities from implementing sick leave ordinances and similar employment laws failed to make it to the Governor’s desk. The reason for the collapse of the proposed bill (which had broad support from Governor Greg...

Workplace Violence and Disgruntled Employees

June 05, 2019

David Barron joined The Jimmy Barrett Show on KTRH 740AM to discuss violence in the workplace and how to handle the issues.

Update on Texas Legislature Bill to Reverse Austin Sick Pay Law [HR Headaches Blog]

April 10, 2019

At the beginning of the Texas Legislature session this year, it seemed like a slam dunk that conservative lawmakers would stop Austin and other cities in their tracks in their efforts to pass employment laws like mandatory sick pay. Senate Bill 15 (text here) passed through the Texas Senate...

Texas Employers In Limbo Amid State, City Sick Leave Fight

March 04, 2019

David Barron discussed with Law360 about the legislative session in Texas as lawmakers advance bills that would bar cities from enacting local employment rules.

How Should HR Set the Stage for Workplace Investigations?

February 07, 2019

David Barron discussed with SHRM what an HR professional should say to an employee when a workplace investigation is being conducted.

Top 10 HR Headaches for 2019 [HR Headaches Blog]

January 29, 2019

A new year always brings new headaches for HR professionals. So far, 2019 has been off to a running start with a government shutdown, the early start of the next presidential campaign and talks of major immigration reform. Here is the list of issues that should be on the radar for every company’s HR...

The Ways Your Halloween Office Party Can Easily Turn Into a Living Nightmare (That You Probably Haven't Considered)

October 27, 2018

David Barron, a member of Cozen O'Connor's Labor & Employment department, discussed with Inc. how to have a clean Halloween office party.

Halloween costume no-no’s in the workplace

October 01, 2018

David Barron, a member of Cozen O'Connor's Labor & Employment department, discussed with KTRH 740AM about what Halloween costumes to avoid at work.

5 Tips To Help Employers Cope With Natural Disasters

September 14, 2018

David Barron, a member of Cozen O'Connor's Labor & Employment department, discussed with Law360 how employers can plan ahead with natural disasters coming.

Despair and addiction are taking Americans out of the workforce

August 24, 2018

David Barron, a member of Cozen O'Connor's Labor & Employment department, was quoted in the Houston Chronicle about the impact of drug addicted employees on companies.

126 Cozen O’Connor Attorneys Named to the Best Lawyers in America

August 22, 2018

One hundred twenty-six Cozen O’Connor lawyers from 20 of the firm’s national offices have been selected for inclusion in the 2018 edition of The Best Lawyers in America.

Fight Heats Up Over Sick Pay in Texas Cities [HR Headaches Blog]

August 20, 2018

San Antonio City Council approved a Paid Sick Leave Ordinance on Thursday, August 16, 2018, which allows workers to accrue up to 64 hours of paid sick leave each year. This law largely tracks the recent Austin sick pay ordinance, passed in February 2018. The highlights of the San Antonio legislation...

3 Steps to Minimize Risks with Auto-Deducted Meal Breaks

August 16, 2018

David Barron, a member of Cozen O'Connor's Labor & Employment department, was quoted in SHRM discussing auto-deductions for lunch breaks.

Five Tips for Protecting Your Company’s Trade Secrets [HR Headaches Blog]

August 08, 2018

Protecting your trade secrets and proprietary information is a vital part of your business. Every company needs to have policies and agreements in place to prevent employees from stealing property, and wrongfully soliciting your employees and customers when they leave to work for a competitor....

Can An Employer Tell Employees What to Eat? [HR Headaches Blog]

July 19, 2018

Recently, the shared work-space startup WeWork announced a company-wide ban on eating meat. Specifically, the company announced that it will no longer serve meat at employee events or reimburse employees for meals that include meat of any type. Similar steps have been taken by other companies...

New Bill is Preview of What Might Happen if Congress Flips in November [HR Headaches Blog]

May 17, 2018

Many pollsters are predicting Congress could switch from Republican to Democratic control in November. It has been quite some time since we have seen any significant employment legislation from the Congress, but a newly invigorated Democrat Congress might get busy and start passing laws. A recent...

Top 10 Ways People Get Revenge at Work

May 14, 2018

David Barron, a member of Cozen O'Connor's Labor & Employment department, was quoted in SHRM discussing revenge in the workplace.

Oil Firm, Rival Denied Early Wins In Trade Secret Dispute

May 10, 2018

David Barron and Jennifer Williams' argument in Core Laboratories LP et al. v. AmSpec LLC et al. was discussed in a Law360 article covering the case.

YouTube shooting raises new questions: Are employers responsible for keeping workers safe in active shooter situations?

April 05, 2018

David Barron, a member of Cozen O'Connor's Labor & Employment department, was featured on KIAH-TV/CW39 discussing how to stay safe in the office.

Should Companies Change Harassment Training in the Wake of #Metoo? [HR Headaches Blog]

March 16, 2018

One of the benefits of the recent #Metoo movement is that companies in every industry are rethinking not only employment policies, but their approach to training and organizational culture. I was recently interviewed for an article on how companies should adapt their training to address the cultural...

Harassment Training in #MeToo Era Moves From Computers to Classrooms

March 14, 2018

David Barron, a member of Cozen O'Connor's Labor & Employment department spoke with Bloomberg Law about the involvement of the human resources department with anti-harassment programs at work.

Sexual Harassment Training: The Do’s and Don’t’s

February 28, 2018

Michael Schmidt, vice chair, and David Barron, a member of Cozen O'Connor's Labor & Employment department, were quoted in Bloomberg BNA's Workforce Strategies on sexual harassment.

How Should Employers Respond to #MeToo? [HR Headaches Blog]

February 02, 2018

The #MeToo movement started as a wave of press coverage exposing long-suppressed stories of sexual harassment and exploitation in Hollywood. That movement, however, has now gone far beyond Harvey Weinstein. High-profile cases involving judges, news anchors, politicians, and CEOs have become...

Wharton Business Radio In the Workplace

January 11, 2018

David Barron, a member of Cozen O'Connor's Labor & Employment department, was a guest on the "In the Workplace" place show on Wharton Business Radio on SiriusXM channel 111.

Sexual Harassment Lawsuits Just Got Tougher to Settle [HR Headaches Blog]

January 05, 2018

Just like the infamous line that Congress had to pass the Affordable Care Act to know what was in it, it seems we had to pass the new tax law to find out all of the hidden surprises. One item that received little publicity was an addition to the Internal Revenue Code that now prohibits a business...

Performance Evaluations Can Pose Trouble for Employers [HR Headaches Blog]

December 05, 2017

It’s that time of year again. You know the one. Supervisors hurriedly completing performance evaluations at the last minute to avoid nasty emails from the HR Department about missed deadlines. Sound familiar? If so, your company may be doing more harm than good. Evaluations are not a time for...

Should HR Rename, Reallocate Holiday Time Off to Be More Inclusive?

November 21, 2017

David Barron, a member of Cozen O'Connor's Labor & Employment department, was quoted in SHRM about holiday time off at companies.

Harvey Weinstein Case Brings Sexual Harassment Back to the Spotlight [HR Headaches Blog]

October 20, 2017

The Harvey Weinstein case has brought a spotlight to a problem that has plagued not only Hollywood but other professions as well. While Corporate America has largely cleaned up its act and instituted robust anti-harassment policies and procedures, the rise of social media and the lax workplace...

Companies Communicate Benefits, Resources to Hurricane Harvey Victims

August 28, 2017

David Barron, a member of Cozen O'Connor's Labor & Employment department, discusses Hurricane Harvey on ebn.

How To Prevent Your Staff From Calling In Sick When They Aren’t

August 08, 2017

David Barron, a member of Cozen O'Connor's Labor & Employment department, discusses this topic on True Viral News.

Dept. of Labor Revisits Changes to Overtime Regulations [HR Headaches Blog]

July 28, 2017

On July 26, the Dept. of Labor (DOL) published a Request for Information (RFI)(which can be found here), looking for input from the public on next steps after the Obama Administration’s effort to increase the minimum salary threshold for exempt employees was struck down in the courts. Although that...

Packing a Gun at Your Business Sends the Wrong Message

July 14, 2017

David Barron, a member of Cozen O'Connor's Labor & Employment department, discusses this topic in the Houston Chronicle.

Is Your Company’s Hurricane Plan ready? [HR Headaches Blog]

June 21, 2017

With the first tropical storm of the season bearing down on the Gulf Coast, it is a good time to dust off your HR Department’s Hurricane Plan and make sure it is up to date. If you don’t have one, it is an even better time to put one together. Attached is Cozen O’Connor’s HR Guide for Hurricane and...

Is Comp Time Finally Coming to Private Employers? [HR Headaches Blog]

May 15, 2017

Comp time has long been available to public sector employees, but never for private companies. That might be changing soon. On May 2, the House passed the Working Families Flexibility Act. This bill would amend the Fair Labor Standards Act to allow comp time as an option in lieu of overtime. The...

Overtime Bill Awaits Vote in the Senate

May 11, 2017

David Barron, a member of Cozen O'Connor's Labor & Employment department, spoke with NewsRadio 740 KTRH Houston about the U.S. Senate considering legislation that could change the rules of overtime.

How Much Should Minimum Wage Increase? Small Business Owners Divided

May 06, 2017

David Barron, a member of Cozen O'Connor's Labor & Employment department, discusses how much minimum wage should increase on Manta.

Publications

FAQ: Texas Executive Order Restricting Mandatory Vaccination Policies [Alert]

October 13, 2021

Aaron Holt answers questions employers may have about Texas's Executive Order No. GA-40.

OSHA’s New COVID-19 Guidelines and What They Mean for Employers [Alert]

June 16, 2021

Dave Barron discusses new OSHA guidance for vaccinated workers.

A Revised Post-Coronavirus Return to Work Checklist [Alert]

June 07, 2021

In light of recent guidance issued by the Center for Disease Control and the EEOC, we have updated our Return to Work Checklist.

Employer Guide to COVID-19 Vaccination [HR Headaches Blog]

January 22, 2021

David Barron, John Carrigan, Jr., Arielle Eisenberg, Aaron Holt, and Nandini Sane designed a guide on how employers can handle the COVID-19 vaccination for their employees. The most important question right now for Human Resources professionals is vaccination and more specifically, how to implement...

Employer Guide to COVID-19 Vaccination

January 20, 2021

David Barron, John Carrigan, Jr., Arielle Eisenberg, Aaron Holt, and Nandini Sane designed a guide on how employers can handle the COVID-19 vaccination for their employees.

Watershed Fifth Circuit Opinion Raises Bar for FLSA Collective Actions [Alert]

January 19, 2021

Adam C. Gutmann and David L. Barron discuss the landmark ruling in Swales v. KLLM Transport Servs., LLC, wherein the court did away with the two-step Lusardi framework that most FLSA collective actions have followed for the last 33 years.

States of Flux — What Employers Need to Know About Election 2020 and New State Laws [Alert]

November 23, 2020

David Barron, Joseph Quinn, Jake Rubinstein, Di Addy Tang, Peter Ennis, Adam Gutmann, and Anne discuss various state laws that may impact employers.

Employers Should Prepare for Wave of COVID-Related Wrongful Death Lawsuits [HR Headaches Blog]

September 01, 2020

The latest projections estimate that nearly 300,000 Americans will die from COVID-19 by the end of 2020. Many of those individuals will be employed when they contract the virus, and a significant number will be workers in front line businesses such as retail, manufacturing, or healthcare, where the...

Employer Back to School Guide

August 06, 2020

David Barron, David Hackett, Nandini Sane, and Bethany Vasquez designed an FAQ to address concerns that employers have regarding COVID-19 and the Fall semester.

New York Federal Judge Strikes Down Portions of Dept. of Labor’s Emergency Paid Leave Rules [Alert]

August 05, 2020

David Barron discusses the Southern District of New York's decision on August 3, 2020, finding that four portions of the DOL's final rule exceeded the DOL’s authority and should be set aside as invalid.

Return to Work Post-Coronavirus Checklist

April 24, 2020

Cozen O'Connor Labor and Employment attorneys addressed how employers should plan returning to work post-coronavirus.

Dealing with Employee Protests and Strikes due to COVID-19 Concerns [Alert]

April 09, 2020

Adam Gutmann discusses what employers should do when employees strike, participate in sickouts, or request PPE or to work from home due to concerns surrounding COVID-19.

Model Coronavirus Response Plan

March 16, 2020

David Barron and John Ho designed a response plan for employers facing coronavirus, along with questions for employees.

Medical Inquiries and Examinations Related to Coronavirus [Alert]

March 13, 2020

David Barron and Debra Friedman answer employers' frequently asked questions when it comes to the coronavirus.

A Labor Attorney Explains the Work Rules Around Getting Sick in the Office, Whether You're Facing a Small Cold or the Coronavirus [Business Insider]

January 31, 2020

David Barron wrote about company policies involving illness in the workplace and five important questions that both employees and employers should be asking.

Severe Flu Season Creates HR Challenges [HR Headaches Blog]

January 24, 2020

With the outbreak of the corona virus dominating headlines, it is a great time to dust off the company policy on dealing with flu season and infectious diseases, generally, in the workplace. Contagious diseases are particularly troublesome subjects for companies because of the varied circumstances...

Office Halloween Parties Can Scare up Legal Issues [King County Bar]

October 01, 2019

David Barron wrote about the boundaries employers should set when they celebrate Halloween at work.

Texas’ Expansion of Medical Marijuana May Impact Employers [HR Headaches Blog]

September 04, 2019

Texas has largely avoided the wave of marijuana legalization sweeping the country and the accompanying legal complications that have come along for the ride.  Those days may be numbered as the Texas Legislature recently passed a significant expansion of the state’s Compassionate Use Program. The...

Hurricane Season Preparation Guide for HR Managers [HR Headaches Blog]

June 27, 2019

It’s hurricane season, and companies all along the Gulf should have a plan in place not only to address business continuity issues, but also the human resources and staffing questions that arise in the event of a natural disaster like a hurricane or flooding event. Our firm has prepared the...

Update on Local Sick Pay Laws in Texas [HR Headaches Blog]

June 10, 2019

The Texas legislative session has come to a close, and the much expected law banning cities from implementing sick leave ordinances and similar employment laws failed to make it to the Governor’s desk. The reason for the collapse of the proposed bill (which had broad support from Governor Greg...

Update on Texas Legislature Bill to Reverse Austin Sick Pay Law [HR Headaches Blog]

April 10, 2019

At the beginning of the Texas Legislature session this year, it seemed like a slam dunk that conservative lawmakers would stop Austin and other cities in their tracks in their efforts to pass employment laws like mandatory sick pay. Senate Bill 15 (text here) passed through the Texas Senate...

Defuse Troubled Employees Without Getting Sued [HR News Magazine]

April 01, 2019

David Barron wrote about the two disturbing trends that employers find themselves confronting.

DOL Proposes Revised Increase to FLSA Overtime Exemption Thresholds [Alert]

March 11, 2019

David Barron and Adam Gutmann discuss the DOL's proposal to increase the threshold at which employers can invoke certain “white collar” exemptions to the Fair Labor Standards Act overtime requirements to $679 per week ($35,308 per year).

Top 10 HR Headaches for 2019 [HR Headaches Blog]

January 29, 2019

A new year always brings new headaches for HR professionals. So far, 2019 has been off to a running start with a government shutdown, the early start of the next presidential campaign and talks of major immigration reform. Here is the list of issues that should be on the radar for every company’s HR...

Trick or treat: Office Halloween parties may bring legal trouble [The Ladders]

October 23, 2018

David Barron, a member of Cozen O'Connor's Labor & Employment department, wrote in The Ladders about how Halloween office parties could turn into legal trouble.

HR Guide for Hurricane and Disaster Prevention [Labor & Employment Alert]

September 17, 2018

David Barron and Aaron Holt answers common questions HR professionals have following a hurricane or other natural disaster.

Fight Heats Up Over Sick Pay in Texas Cities [HR Headaches Blog]

August 20, 2018

San Antonio City Council approved a Paid Sick Leave Ordinance on Thursday, August 16, 2018, which allows workers to accrue up to 64 hours of paid sick leave each year. This law largely tracks the recent Austin sick pay ordinance, passed in February 2018. The highlights of the San Antonio legislation...

Five Tips for Protecting Your Company’s Trade Secrets [HR Headaches Blog]

August 08, 2018

Protecting your trade secrets and proprietary information is a vital part of your business. Every company needs to have policies and agreements in place to prevent employees from stealing property, and wrongfully soliciting your employees and customers when they leave to work for a competitor....

Can An Employer Tell Employees What to Eat? [HR Headaches Blog]

July 19, 2018

Recently, the shared work-space startup WeWork announced a company-wide ban on eating meat. Specifically, the company announced that it will no longer serve meat at employee events or reimburse employees for meals that include meat of any type. Similar steps have been taken by other companies...

New Bill is Preview of What Might Happen if Congress Flips in November [HR Headaches Blog]

May 17, 2018

Many pollsters are predicting Congress could switch from Republican to Democratic control in November. It has been quite some time since we have seen any significant employment legislation from the Congress, but a newly invigorated Democrat Congress might get busy and start passing laws. A recent...

Should Companies Change Harassment Training in the Wake of #Metoo? [HR Headaches Blog]

March 16, 2018

One of the benefits of the recent #Metoo movement is that companies in every industry are rethinking not only employment policies, but their approach to training and organizational culture. I was recently interviewed for an article on how companies should adapt their training to address the cultural...

How Should Employers Respond to #MeToo? [HR Headaches Blog]

February 02, 2018

The #MeToo movement started as a wave of press coverage exposing long-suppressed stories of sexual harassment and exploitation in Hollywood. That movement, however, has now gone far beyond Harvey Weinstein. High-profile cases involving judges, news anchors, politicians, and CEOs have become...

Sexual Harassment Lawsuits Just Got Tougher to Settle [HR Headaches Blog]

January 05, 2018

Just like the infamous line that Congress had to pass the Affordable Care Act to know what was in it, it seems we had to pass the new tax law to find out all of the hidden surprises. One item that received little publicity was an addition to the Internal Revenue Code that now prohibits a business...

3 Trends Employers Should Fear In 2018 [Law360]

January 01, 2018

David Barron, a member of Cozen O'Connor's Labor & Employment department, wrote in Law360 about three trends in 2018 that employers should fear.

With the holidays right around the corner, how can in-house counsel ensure company parties aren’t the source of workplace troubles?

December 13, 2017

David Barron, a member of Cozen O'Connor's Labor & Employment department, answered the question of the week in the Law.com Newsletter for December 2017.

Performance Evaluations Can Pose Trouble for Employers [HR Headaches Blog]

December 05, 2017

It’s that time of year again. You know the one. Supervisors hurriedly completing performance evaluations at the last minute to avoid nasty emails from the HR Department about missed deadlines. Sound familiar? If so, your company may be doing more harm than good. Evaluations are not a time for...

Holiday Party Disasters and How to Avoid Them

November 03, 2017

David Barron, a member of Cozen O'Connor's Labor & Employment department, discusses the potential disasters at holiday parties in Texas Lawyer.

Harvey Weinstein Case Brings Sexual Harassment Back to the Spotlight [HR Headaches Blog]

October 20, 2017

The Harvey Weinstein case has brought a spotlight to a problem that has plagued not only Hollywood but other professions as well. While Corporate America has largely cleaned up its act and instituted robust anti-harassment policies and procedures, the rise of social media and the lax workplace...

Dept. of Labor Revisits Changes to Overtime Regulations [HR Headaches Blog]

July 28, 2017

On July 26, the Dept. of Labor (DOL) published a Request for Information (RFI)(which can be found here), looking for input from the public on next steps after the Obama Administration’s effort to increase the minimum salary threshold for exempt employees was struck down in the courts. Although that...

Is Your Company’s Hurricane Plan ready? [HR Headaches Blog]

June 21, 2017

With the first tropical storm of the season bearing down on the Gulf Coast, it is a good time to dust off your HR Department’s Hurricane Plan and make sure it is up to date. If you don’t have one, it is an even better time to put one together. Attached is Cozen O’Connor’s HR Guide for Hurricane and...

Is Comp Time Finally Coming to Private Employers? [HR Headaches Blog]

May 15, 2017

Comp time has long been available to public sector employees, but never for private companies. That might be changing soon. On May 2, the House passed the Working Families Flexibility Act. This bill would amend the Fair Labor Standards Act to allow comp time as an option in lieu of overtime. The...

Employment Laws Go Local — The Rise of Municipal and State Lawmaking [Labor & Employment Observer]

December 23, 2016

David L. Barron discusses the rise in local legislation and the main areas of state and city legislation that warrant the most attention.

Events & Seminars

Upcoming Events

2021 Wrap-Up: The Year of COVID-19 (and Other Important Labor/Employment Developments Too)

December 16, 2021 - Webinar

Cozen O'Connor attorneys will be presenting this webinar about 2021 in labor and employment challenges.

Employment Litigation Year in Review

December 14, 2021 - Webinar

Cozen O'Connor attorneys will be reviewing the significant legal developments and discussing what’s ahead for 2021.

Health Law 2022

December 08, 2021 - Webinar

Cozen O'Connor’s Health Care & Life Sciences industry team invites you to this year’s Health Law 2022 program.

Past Events

Latest Update on OSHA Vaccination Mandate

November 18, 2021 - Webinar

OSHA ETS Vaccine Mandate

November 04, 2021 - Webinar

New Vaccine Mandates from Biden Administration

September 23, 2021 - Webinar

COVID-19 Update: Getting Back to Work

June 03, 2021 - Webinar

Health Law 2021

December 07, 2020 - Webinar

National Small Business Town Hall

March 27, 2020 - Teleconference

Practical Employment Law Advice in Uncertain Times

February 26, 2019 - Addison, TX

Health Law 2019

December 05, 2018 - Philadelphia, PA

2017 Labor and Employment Law Update - Chicago

October 05, 2017 - Chicago, IL

Education

  • University of Houston Law Center, J.D., 1996
  • University of Houston, B.A., 1994

Awards & Honors

Chambers & Partners USA 2011-2012

JD Supra's Readers' Choice Awards 2016 #3 Top Author in the Automotive Industry

Best Lawyers in America 2019-2022

Trailblazer in Crisis Leadership 2020 - The National Law Journal 

  • Texas
  • U.S. Court of Appeals for the Tenth Circuit
  • U.S. District Court -- Northern District of Texas
  • U.S. District Court -- Southern District of Texas
  • U.S. District Court -- Western District of Texas
  • U.S. District Court -- Eastern District of Texas
  • U.S. District Court -- Eastern District of Tennessee
  • U.S. District Court -- Western District of Tennessee
  • U.S. District Court -- Colorado
  • U.S. District Court -- Eastern District of Arkansas
  • U.S. District Court -- Western District of Arkansas
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • American Bar Association
  • State Bar of Texas