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David L. Barron

Member

: Houston
LyondellBasell Tower
1221 McKinney Street
Suite 2900
Houston, TX 77010
P: (713) 750-3132
TF: (800) 448-8502
F: (832) 214-3905

David L. Barron

David will be speaking at an upcoming event:
Health Law 2019
Philadelphia, PA 12/05/2018
Members of Cozen O'Connor's Health Care department, will host this event in Philadelphia.
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

Represented company in multi-plaintiff reverse discrimination lawsuit which resulted in complete defense verdict.

Represented energy broker in an employee raiding lawsuit, involving breach of contract and tortious interference claims. Successfully obtained six figure verdict and obtained dismissal of eleven counterclaims.

Obtained summary judgment for the defendant in class action wage and hour litigation in Seattle, Washington federal court, where plaintiffs sought payment for commute time in company vehicle.

Obtained full defense verdict in Title VII harassment case brought by a cashier against retail industry client, where plaintiff alleged inappropriate touching, sexual comments and racial slurs.

Won a jury verdict in favor of our client, a large electric cooperative, centering on a property dispute launched by a multimillionaire landowner. The plaintiff, who is well-known for his practice of suing landowners in Texas for alleged encroachment on his ranches, claimed that our client did not have an easement for a $3 million electric distribution line which ran across his rural ranch land. The trial centered on the validity of an unrecorded easement from the 1940s, and after only two hours of deliberation, the jury returned a verdict in our client’s favor on our alternate theory of easement by estoppel.

Won summary judgment on behalf of the defendant-employer in an age discrimination and retaliation case brought under both the ADEA and Colorado state law by married plaintiffs whose employment was terminated after the husband engaged in alleged workplace violence in response to the wife being disciplined. In granting summary judgment, the U.S. District Court for the District of Colorado reasoned that both terminations constituted legitimate business decisions.

Won summary judgment on behalf of a fuel company and one of its executives on claims of trade secrets misappropriation, tortious interference with prospective business relationships, and violation of a non-solicitation covenant brought by the executive's former employer, which sought more than $10 million in damages. This result was affirmed by the U.S. Court of Appeals for the Fifth Circuit.

Won summary judgment on claims of discrimination and retaliation brought under 42 USC § 1981, based upon race, and the Employee Retirement Income Security Act of 1974 (ERISA), based upon an employee’s receipt of pension benefits, on behalf of a large grocery retailer.

News

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.

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.

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.

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.

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.

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.

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.

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.

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.

Nazis and Naughty Nurses: 4 Bone-Chilling Dangers of Your Office Halloween Party

October 31, 2016

David Barron, a member of Cozen O'Connor's Labor & Employment department, discusses the dangers of office Halloween parties in Property Casualty 360.

Hurricane Disaster Checklist For HR Department

October 21, 2016

David Barron, a member of Cozen O'Connor's Labor & Employment department, discusses his checklist for HR departments during a hurricane disaster on The Personnel Advisor.

Fifth Circuit Deems Gun Rights More Important Than Employer Rights, Attorney Says

August 23, 2016

David Barron, a member of Cozen O'Connor's Labor & Employment department, discusses the Fifth Circuit deeming gun rights more important than employer rights.

How to Prevent Your Staff From Calling In Sick When They Aren't

August 12, 2016

David Barron discusses the best way to prevent employees from using sick time for personal matters on FastCompany.com.

Cozen O’Connor Names Seven New Shareholders

July 29, 2016

Cozen O’Connor promoted seven members to shareholder of the firm: David Barron (Houston), Melissa Brill (New York), Bryan Campbell (Seattle), W. Blake Coblentz (Washington, D.C.), Martin Gusy (New York), James Schultz (Philadelphia) and Matthew Weinstein (Philadelphia).

New Yorkers Are Losing Their Jobs Over Pokemon GO

July 23, 2016

David Barron, a member of Cozen O'Connor's Labor & Employment department, discusses Pokemon GO in the New York Post.

End of the Two-Week Employee Paycheck Cycle? Not Yet, Experts Say

July 20, 2016

David Barron, a member of Cozen O'Connor's Labor & Employment department, discusses pay cycles on TheStreet.com.

Taboos Over Talking Politics at Work Loosen During Divisive Election Season

June 30, 2016

David Barron, a member of Cozen O'Connor's Labor & Employment department, discusses talking politics in the workplace in the Chicago Tribune.

David Barron Discusses DOL's New Overtime Rules

May 25, 2016

David Barron, a member of Cozen O'Connor's Labor & Employment department, discusses the DOL's new overtime rules in Westlaw.

David Barron Discusses OSHA Publishing Employer's Injury and Illness Reports

May 16, 2016

David Barron, a member of Cozen O'Connor's Labor & Employment department, discusses OSHA publishing employer's injury and illness reports in SHRM.

David Barron Discusses How Much Should the Minimum Wage Increase

May 06, 2016

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

David Barron Discusses Recent Kesha Lawsuit on SHRM.com

March 03, 2016

David Barron, a member of Cozen O'Connor's Labor & Employment department, discusses Kesha's recent lawsuit on SHRM.com

David Barron Discusses Keeping Politics Out of the Workplace

February 02, 2016

David Barron, a member of Cozen O'Connor's Labor & Employment department, discusses how to keep politics out of the workplace in the Houston Chronicle.

David Barron Discusses How To Avoid Workplace Holiday Party Conflicts on Fox26

December 11, 2015

David Barron, a member of Cozen O'Connor's Labor & Employment department, discusses how to avoid workplace holiday party conflicts on Fox26.

David Barron Discusses Background Checks in The Washington Post

August 28, 2015

David Barron discusses an employer’s task of unearthing potentially negative information about a prospective employee before hiring.

David Barron Discusses EEOC’s Enforcement Efforts on Workplace Testing in SHRM

August 25, 2015

David Barron discusses the EEOC’s increased enforcement efforts around workplace testing and what employers should do to avoid litigation.

David Barron Discusses Employee Privacy Protection in SHRM

July 20, 2015

David Barron discusses the privacy protections employees have regarding personal information, such as HIPAA, which requires health plans, health providers and health care clearinghouses to keep an individual’s protected health information confidential.

David Barron Discusses Proposed Federal Labor Regulations in The Recorder

June 30, 2015

David Barron discusses the U.S. Department of Labor’s proposal to more than double the salary threshold under which employees must be paid for overtime even if they’ve been classified exempt because they have management responsibilities or meet other exceptions.

David Barron Discusses Dress Code Policies in SHRM

May 18, 2015

David Barron discusses how employers can enforce dress code policies while avoiding litigation.

David Barron Discusses Employee Facial Piercings in SHRM

April 15, 2015

David Barron discusses the potential legal troubles a company can run into by prohibiting employees from facial piercings.

David Barron Discusses How Employers Can Protect Themselves When Making Job Cuts in Houston Business Journal

January 28, 2015

In an article titled ''How to not get sued when cutting jobs at your office,'' David Barron, a member of Cozen O'Connor's Labor & Employment Department, discusses five basic steps employers should take before they move forward with job terminations.

David Barron Discusses the Secularization of the Holidays in SHRM

December 04, 2014

In an article titled ''The Secularization of the Holidays,'' David Barron, a member of Cozen O’Connor’s Labor & Employment Department, discusses the Montgomery County (Maryland) Board of Education’s decision to remove mention of any religious holidays from its 2015/16 calendar and the implications for employers. Government employers and schools operate under different rules than private companies, explained David. Governments must be careful to separate church and state, while private companies must not discriminate based on religion under Title VII of the Civil Rights Act of 1964.

David Barron Discusses the Do's and Don'ts of Halloween Costumes in the Office in the Houston Chronicle

October 28, 2014

In an article titled ''On Halloween, employees should save the sexy maid outfit for after work,'' David Barron, a member of Cozen O’Connor’s Labor & Employment Department, offers some do’s and don’ts to guard against sexual harassment and discrimination claims when it comes to picking a costume for the office Halloween party.

David Barron Discusses the Legal Implications of Halloween Parties in Inside Counsel

October 23, 2014

In an article titled ''Nazis and naughty nurses: 4 bone-chilling dangers of your office Halloween party,'' David Barron, a member of Cozen O’Connor’s Labor & Employment Department, alerts employers to a number of labor and employment issues that might arise from the annual Halloween costume party.

David Barron Discusses Right-to-Work States in Society for Human Resource Management

August 28, 2014

In an article titled “Myths Abound About Right-to-Work States,” David Barron, a member of Cozen O’Connor’s Labor & Employment Department, discusses the relationship between companies and unions in right-to-work states. “The reality is that companies often get along better with unions in right-to-work states because the union must actively justify its usefulness to newly hired workers and existing employees who can withdraw at any time. This incentivizes the company and union to work together for mutual benefit,” says David.

David Barron Discusses Employee Requirements During Inclement Weather in WhatsWorkinginHR.com

August 05, 2014

In an expert Q&A section of What’s Working in HR, David Barron, a member of Cozen O’Connor’s Labor & Employment Department, discusses employee requirements when inclement weather forces employers to close for a day. “Under the FLSA, requiring employees to make up lost time after a weather-related closing is permissible – but only for exempt employees, says David.

David Barron Discusses Houston's Human Equal Rights Ordinance in My Fox Houston

June 25, 2014

In an article titled “Effort to Appeal Human Equal Rights Ordinance,” David Barron, a member of Cozen O’Connor’s Labor & Employment Department, discusses the Human Equal Rights Ordinance in Houston. Barron states that if the ordinance passes this week, offices such as his, will start seeing an overflow of cases. He adds, “my clients employers now have to deal with not just federal & state, but they have to deal with the city now.”

David Barron Discusses Overnight Workers and Daylight-Saving Time in the Houston Chronicle

February 05, 2014

In an article titled "When the clocks spring forward, what happens to paychecks?" David Barron, a member of Cozen O'Connor's Labor & Employment Department, discusses daylight-saving time and its impact on employees who work overnight.

David Barron Cited in Human Resource Executive Regarding Lowe’s Worker Misclassification Case

January 24, 2014

In an article titled “HR Plaintiffs Build Their Case Against Lowe’s,” David Shadovitz, editor at Human Resource Executive, favorably cites David Barron’s HR headaches blog post titled “New Trend in Overtime Suits – HR Managers?” to explain that HR departments aren’t immune from overtime laws.

David Barron Offers Office Party Advice in BenefitsPro

November 14, 2013

In an article titled ''Oh no, not the office party again!'' David Barron, a member of Cozen O'Connor's Labor & Employment Department, offers advice on how to limit the potential fallout from an office party gone horribly wrong.

David Barron Discusses Holiday Party Misconduct in Society for Human Resource Management

November 11, 2013

In an article titled ''Out with Mistletoe, Spiked Punch and 'Santa's Little Helpers,''' David Barron, a member of Cozen O'Connor's Labor & Employment Department, discusses misconduct at company holiday parties.

David Barron and Charles Wilson Comment on the Dangers of Political Commentary in the Workplace on Fox News

October 03, 2012

David Barron and Charles Wilson, of the firm's Labor & Employment Group in Houston, discuss the employment-related dangers of political discourse in the workplace on Fox News.

Cozen O’Connor Labor & Employment Lawyer Quoted in Law360 Article on NLRB Union Poster Rule

June 15, 2012

Cozen O’Connor Labor & Employment lawyer David Barron spoke to Law 360 about the recent appeals regarding the NLRB’s requirement to hang posters about an employee’s (or employees’) right to unionize, and how the upcoming presidential election could make it all a moot point.

Cozen O’Connor Earns Client Recognition in 2012 Chambers USA Rankings

June 11, 2012

Chambers USA has recognized 28 Cozen O’Connor lawyers as leaders in their fields; five attorneys were recognized nationally and three were ranked in the top band.

David Barron Interviewed by Houston’s KRIV FOX 26 NEWS

June 05, 2012

David Barron, a member in Cozen O’Connor’s Labor & Employment practice, discussed employer policies toward employee appearance in ''Trading Tattoos for Jobs.'' ''With respect to piercings, tattoos, clothing, for the most part they have wide discretion under the law,'' explained Barron.

David Barron Quoted in HR.BLR.com

May 29, 2012

David Barron Quoted in HR.BLR.com

David Barron Quoted in Bloomberg Businessweek

October 28, 2011

David Barron of the Houston office was quoted in Bloomberg Businessweek in an article titled, ''Promoting Employees Without Increasing Pay,'' regarding the legal problems potentially involved with the practice, specifically in the form of wage-and-hour lawsuits.

Cozen O'Connor's David Barron quoted in The Houston Chronicle

August 11, 2011

David Barron was quoted in the Houston Chronicle's article ''Employees: Getting Revenge on the Boss'' regarding Facebook's role in the workplace.

Cozen O'Connor's David Barron interviewed in Ideas & Trends

August 03, 2011

Cozen O'Connor's David Barron was interviewed by Ideas and Trends in an article titled ''No One Size Fits All Approach to Social Media in the Workplace.'' In the article, David comments on the various challenges that employers currently face with the rise of emerging social media.

Cozen O’Connor Earns Client Recognition in 2011 Chambers USA Rankings

June 16, 2011

Chambers USA has recognized 27 Cozen O’Connor lawyers as leaders in their fields.

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...

Seventh Circuit Recognizes Sexual Orientation as Protected Class [HR Headaches Blog]

April 10, 2017

This week, the US Court of Appeals for the Seventh Circuit became the first Federal Court of Appeals to hold that discrimination based on sexual orientation is actionable under Title VII of the Civil Rights Act. A news article about the decision can be found here. A copy of the legal opinion can be...

Trump Administration Brings New Priorities on Immigration Front for Employers [HR Headaches Blog]

March 01, 2017

President Trump has only been in office a little over a month, but one thing is clear. He intends to do what he said he would do on the campaign trail, especially in regard to immigration. What does that mean for employers? First, President Trump has said multiple times that he intends to cut down...

Cozen O'Connor’s 2017 Observer [HR Headaches Blog]

January 11, 2017

Well, 2017 is here; and Cozen O’Connor has just issued its annual Labor and Employment Observer, which contains thoughtful analysis on the year and review of what to expect in the future. A link to the materials can be found here. With a new President and a Republican majority in Congress,...

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.

White House Pushes for Ban on Non-Competes [HR Headaches Blog]

October 26, 2016

The enforceability of employee restrictions on competition has traditionally been up the states, with some, like California, largely banning such agreements, while others, like Texas, allowing them with reasonable limitations. On Tuesday, October 25, the White House took the unprecedented step of...

Judge Temporarily Blocks “Blacklisting” Rules [Labor & Employment Alert]

October 26, 2016

Brian Bulger, Jeremy Glenn and David Barron discuss a federal judge in the Eastern District of Texas who granted a preliminary injunction blocking portions of the U.S. Department of Labor’s so-called “blacklisting” rules addressing labor law violation disclosure requirements and restriction on use of arbitration agreements.

Anti-Trust Laws Can Impact HR Departments [HR Headaches Blog]

October 25, 2016

You can add anti-trust laws to the long list of legal risks that must now be managed by corporate HR departments. According to a recent guidance document prepared by the Federal Trade Commission and the Department of Justice, the following acts could result in not only civil liability, but criminal...

Update on Legal Challenges to DOL Regulations [HR Headaches Blog]

October 04, 2016

This year, the Department of Labor (DOL) announced new regulations that would double the minimum threshold for a salaried employee exempt from overtime from $455 per week to $913 per week (or $47,476). The regulations also tied the salary threshold to inflation with an automatic adjustment every...

New Decision Allows Employee Suit for Violation of Concealed Handgun Law [HR Headaches Blog]

August 11, 2016

Texas and many other states in the South have passed state laws in recent years restricting employers from terminating employees who keep their lawfully-licensed concealed handgun locked in their vehicle. For the most part, these laws do not create a private cause of action that would allow a suit...

Does Your Company Need a Pokémon Policy? [HR Headaches Blog]

July 20, 2016

The latest craze is Pokémon Go, an app for smartphones that allows people to “catch” Pokémon creatures by integrating the real world with the virtual world. So what do you do if you see one of your employees wandering around your warehouse hunting a mythical animal, or, even worse, a delivery...

DOL Issues Final Rule on FLSA Overtime Rules: Action Items for Employers [Labor & Employment Alert]

May 18, 2016

David L. Barron, Jeremy J. Glenn and George A. Voegele, Jr. discuss the DOL's final regulations regarding the FLSA executive, administrative and professional overtime exemptions, also known as the “white collar” exemptions.

Civil Seizure to Dominate Litigation Under the Defend Trade Secrets Act [Labor & Employment Alert]

May 17, 2016

David Walton and David Barron discuss the Defend Trade Secrets Act of 2016 and its civil seizure provision.

Limiting Employees’ Hours to Dodge the ACA’s Employer Mandate Could Violate ERISA [Employee Benefits & Executive Compensation Alert]

February 23, 2016

David A. Barron and L. Stephen Bowers discuss Marin v. Dave & Busters, Inc. et al., a federal district court ruling allowing an employee to proceed with a class action lawsuit that alleges her employer violated ERISA when it reduced employees’ hours to avoid incurring increased costs under the ACA.

Navigating The Legal Minefield Of Politics In The Workplace [Law360]

February 04, 2016

David Barron, a member of Cozen O'Connor's Labor & Employment department, discusses how to navigate the legal minefield of politics in the workplace in Law360.

Labor and Employment Observer 2015/2016

January 06, 2016

The 2015/2016 Labor and Employment Observer looks back at significant developments in labor and employment law over the past year and forward to what employers can expect in 2016.

Don't Let Politics Disrupt Your Workplace's Holiday Spirit [Houston Business Journal]

December 02, 2015

David Barron discusses how to handle political chatter in the workplace

Know the Law When the Winds Start to Howl [HR.BLR.com]

September 16, 2015

David Barron offers helpful tips for HR professionals and employers preparing for the hurricane season.

Hold Your Breath and Take a Deeper Dive Into the Department of Labor’s Proposed Overtime Rule Changes [Technical Bulletin]

July 13, 2015

David Barron and Jeremy Glenn authored an article concerning the Department of Labor’s proposed changes to the federal overtime rules.

Department Of Labor Announces Long-Awaited Increase in Salary Threshold for Exempt Employees [Labor & Employment Alert]

July 01, 2015

The proposed rule would amend the existing regulations governing the white-collar exemptions and raise the required salary threshold for exemption from overtime to $50,440 per year by next year.

Department of Labor Targeting Oil and Gas Contractors [Breaking Energy]

December 18, 2014

In an article titled ''Department of Labor Targeting Oil and Gas Contractors,'' David Barron, a member of Cozen O'Connor's Labor & Employment Department, highlights the increased scrutiny on employers in the oil and gas industry and offers some important tips for maintaining compliance with wage and hour regulations.

2013/2014 [Labor and Employment Observer]

January 01, 2014

We are pleased to provide you with our 2013/2014 Observer, which looks back at the developments in labor and employment law over the past year and forward to what employers can expect in 2014.

Obama Administration 2.0: What’s at Stake for Employers [Profiles in Diversity Journal]

May 01, 2013

During Barack Obama’s first term as president, most of his pro-employee legislative agenda was stymied by Congress. Undeterred, the Obama Administration turned to administrative agencies such as the Department of Labor, National Labor Relations Board, and the Equal Employment Opportunity Commission to move forward its workplace agenda. The stakes continue to be high for employers during President Obama’s second term, particularly in the diversity-focused areas of equal employment opportunity and immigration.

Five Key Areas to Watch During Obama’s Second Term [HR Morning]

March 27, 2013

One of Barack Obama’s first actions when he became president was to sign the Lilly Ledbetter Fair Pay Act of 2009, resetting the statute of limitations each paycheck for equal-pay gender discrimination lawsuits and making it easier for employees to pursue them.

Packing Heat in the Workplace [Houston Business Journal]

January 25, 2013

The devastating shootings at Sandy Hook Elementary in Newtown, Conn., beg the question: “What should employers do to protect the workplace?”

2012/2013 [Labor and Employment Observer]

January 01, 2013

We are pleased to provide you with our 2012/2013 Observer, which looks back at the developments in labor and employment law over the past year and forward to what employers can expect in 2013.

12 Days of Christmas: HR Headaches [The Huffington Post]

December 12, 2012

The holidays are here and, along with them, the opportunity for employees to goof off and collectively test the limits of managers and Human Resources professionals everywhere. Don't let these headaches disrupt your office.

"Social Media in the Workplace Creates New Legal Risks" [Corporate Counsel]

September 16, 2011

"Social Media in the Workplace Creates New Legal Risks" - Corporate Counsel - Facebook, Twitter, and YouTube have forever changed how people communicate. Every little detail of people’s lives is now broadcast, tweeted, or blogged about on the Internet. The social media activities of employees have increasingly pushed the boundaries of lawful workplace behavior and created new legal challenges for employers seeking to control this new communication forum and minimize the legal risks to their organization.

Packing Heat in Parked Cars [Texas Lawyer]

September 12, 2011

Packing Heat in Parked Cars - Texas Lawyer - Effective Sept. 1, Texas employees can store weapons in their vehicles while at work. The new law specifically allows employees to store and have access to guns kept in privately owned vehicles parked on or in employer-provided parking areas. If in-house lawyers haven't done so already, now is the time to review company policies in light of the new law.

Annie Get Your Gun ... and Bring it to Work [Labor and Employment Alert!]

July 19, 2011

Annie Get Your Gun ... and Bring it to Work - Labor and Employment Alert! - Texas Governor Rick Perry signed a bill into law that will limit an employer’s right to prohibit guns and ammunition in the workplace. While the law does not necessarily allow employees to carry firearms at work, it does allow employees to store, and have access to, firearms kept in privately owned vehicles that are parked on or in employer provided parking areas. Considering the fact that 461,724 Texas residents hold a concealed handgun license

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