Author Biography: Texas Employment Law

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Texas Employment Law

About the Author

Laura M. Franze is the Labor and Employment Section Chair for the Texas and California offices of the law firm of Akin Gump Strauss Hauer & Feld LLP. Laura is a graduate of Duke University School of Law. She has been Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization since 1984. Her 26 years of trial experience encompass significant class-action litigation and litigation in virtually all substantive areas of labor and employment law, including both discrimination and wage and hour cases. She also represents management in connection with strategic employment decisions; restructuring; labor union relations; employment investigations; the ADA, including public accommodations; and employment issues related to mergers, acquisitions and restructuring. Laura Franze has tried nearly 100 arbitration cases and federal agency cases. In addition, Laura is an accomplished trial lawyer, having represented management to successful verdict in many employment law cases in Texas and across the country. Laura is very experienced in defending management in actions filed by or involving the federal government by intervention, including the EEOC, the Department of Labor, the OFCCP, and the Department of Justice, and in national class actions. Recent examples of such major cases include the following:

Mundy v. Hotels.com (U.S.D. Hawaii 2005)
United States v. Cinemark USA, Inc., 2001 U.S. Dist. LEXIS 24418 (U.S.D. Ohio)
EEOC v. Pinnacle Nissan, et al., (U.S.D. Arizona)
Lara, et al. v. Cinemark USA, Inc., 207 F.3d 783 (5th Cir.)
OPVA, et al. v. Regal Cinemas, Inc., et al., 142 F. Supp. 2d 1293 (U.S.D. Oregon)
EEOC v. Thrift Stores, Inc. (U.S.D. Texas)
Cornilles v. Regal Cinemas, Inc., et al. (U.S.D. Oregon)
Todd v. Cinemark, et al. (U.S.D. Texas)
Lund v. AT&T (U.S.D. Missouri)

Laura has been elected to the Texas and Dallas Bar Foundations and has been listed in The Best Lawyers in America, (every edition since 1995), and numerous Who’s Who editions. She also was designated a top practitioner by Texas Lawyer (February 2001), was twice named as one of the best lawyers in Dallas/Fort Worth by D Magazine (February 1997 and May 2001), was twice named as both a Texas “Super Lawyer” and one of the top 50 women lawyers in the state (Texas Monthly, November 2003 and October 2004), and recently named a “Super Lawyer” for the third time (Texas Monthly, September 2005.)

In Chambers USA 2005, peers say Laura is a "Superwoman” and a “dynamic” employment litigator. Those interviewed state she is blessed with “a good manner, proven trial skills, broad-ranging knowledge and intellectual depth,” and clients agree she is an excellent deal manager. (Chambers USA 2005.)

Laura authored Chapter 1, Employment Relationship Defined; Chapter 3, Wrongful Discharge; Chapter 14, Arbitration of Employment Claims; Chapter 19, Sex Discrimination; Chapter 20, Sexual Harassment; Chapter 23, Age Discrimination; Chapter 28, Privacy Issues in the Workplace; Chapter 29, Defamation in the Workplace; Chapter 30, Other Workplace Torts; Chapter 31, Discrimination Claims Under Labor Code Chapter 451, and Chapter 33, Whistleblower Actions Under Sarbanes-Oxley.

Over 20 additional Texas employment practitioners contributed to Texas Employment Law, many board certified in labor and employment law, from a variety of leading Texas law firms.

Contributing Authors

John G. Browning practices at Browning & Fleishman, P.C. in Dallas, Texas, where he handles civil litigation in state and federal courts in areas ranging from employment and intellectual property to commercial cases and defense of products liability, professional liability, and general negligence matters. He has extensive trial, arbitration, and summary judgment experience, and has represented both employers and employees in a wide variety of industries in non-compete and unfair competition cases throughout Texas and on a pro hac vice basis in other jurisdictions. Mr. Browning received his B.A. degree with general and departmental honors from Rutgers University in 1986, where he was a National Merit Scholar and a member of Phi Beta Kappa. He received his J.D. degree from the University of Texas School of Law in 1989. He is rated "AV" by Martindale - Hubbell. Mr. Browning's work has appeared in the Texas Bar Journal, the Corporate Counsel Law Review, and other publications. He is a frequent speaker on issues affecting business for bar associations and industry groups.

Mr. Browning wrote the 2003 supplement to Chapter 32, Protection of Business Interests.

Steven E. Clark was admitted to practice law in Texas in 1978, and has practiced in Dallas since 1980. He graduated from the University of Houston with a Bachelor of Arts in 1974, and received his Juris Doctor from the University of Houston in 1977. In law school, Clark was a member of the Order of the Barons, a legal honor society. After graduating from law school, Mr. Clark clerked for two years as a staff attorney for the Fifth Circuit Court of Appeals in New Orleans. Mr. Clark has been admitted to practice law before all state courts in Texas and before the United States district courts for the Northern, Eastern and Western districts of Texas, the Fifth Circuit Court of Appeals and the United States Supreme Court. He has published numerous professional articles, including, Employment Law Paper: FMLA, ADA, & Workers' Compensation, Sterling Education Services (July 2002). He is a member of the litigation, labor and employment, tort and solo and small firm sections of the Dallas, Texas State Bar and American Bar Association. Mr. Clark has business and litigation experience in state and federal courts in controversies involving business and tort matters, employment law issues, including covenants not to compete and protection of confidential information. He is AV-rated, and is listed in the Texas Legal Directory and Martindale-Hubbell.

Mr. Clark wrote the 2003 supplement to Chapter 25, Family and Medical Leave Act.

R. Rogge Dunn litigates complex employment, business, and partnership disputes throughout the country and has tried cases to a jury verdict in four states. Mr. Dunn is one of only 25 attorneys in Texas who is Board Certified in both Labor and Employment Law and Civil Trial Law.

Although approximately two-thirds of his practice involves representing corporate defendants, Mr. Dunn has won settlements and judgments that have netted more than $200 million for his plaintiff clients, including million dollar jury verdicts in Texas and Louisiana. Two of his closing arguments were recorded for the Million Dollar Arguments audio tape series. He has also netted more than $70 million in settlements, judgments and severance for executives.

Mr. Dunn received a B.A., cum laude, with Departmental Distinction in English, from Southern Methodist Univ. in 1980. He received a J.D., with honors, from the Univ. of Texas in 1983. He served as a Note Editor of the Texas Law Review from 1982-83 and was a member of the Board of Advocates from 1981-83. He clerked for the Hon. Reynaldo Garza of the U.S. Fifth Circuit Court of Appeals from 1983-84.

Mr. Dunn has authored three books and more than 20 articles on a variety of legal issues. Mr. Dunn taught at Southern Methodist University as an Adjunct Professor for 14 years. Mr. Dunn is a partner in Clouse Dunn Hirsch LLP. and can be reached at rdunn@righttowork.com.

Mr. Dunn was the lead author on the Forms and had primary responsibility for drafting and editing the vast majority of the forms on the diskette included with this work. He also co-authored Chapter 40, Discovery.

Wade Forsman opened his own practice in February 2004, where he concentrates in labor and employment law. Board certified in Labor and Employment Law by the Texas Board of Legal Specialization, Mr. Forsman works out of two offices – one in Dallas, the other in East Texas (Sulphur Springs). At least seventy percent of his practice is devoted to representing individuals.

Mr. Forsman graduated magna cum laude from Washington & Lee University in 1980 and Southern Methodist University School of Law in 1990. He co-authored the state tort law update for the University of Texas School of Law’s Ninth and Tenth Annual Conference on Labor and Employment Law.

Mr. Forsman authored Chapter 9, Wages, Hours and Overtime.

Rani C. Garcia is an associate in the Labor and Employment Law section of Akin, Gump, Strauss, Hauer & Feld, L.L.P., in the Dallas office. She is the author of several articles published in the Akin Gump Employment Law Journal, including “Are You in Compliance With Federal and State Posting Requirements?” (May 1997) and “The Texas Mother-Friendly Worksite Program: Benefiting Mothers, Babies, and Businesses” (July 1999). Ms. Garcia is a featured speaker on mother-friendly policies and other employment law topics presented to, among others, the Dallas Bar Association Labor and Employment Law Section and the State Bar of Texas Legal Assistants Division. Ms. Garcia is the Chair of Work Friendly, a coalition of Dallas-area employers whose mission statement is to educate employers about the positive impact of work-friendly policies on the bottom line. Ms. Garcia received her B.A. degree, with highest honors, and her J.D. degree from the University of Texas at Austin. She was chosen as the Outstanding Woman Law Graduate by the National Association of Women Lawyers. She is a member of Phi Beta Kappa.

Ms. Garcia co-authored both Chapter 15, Employee Records, and Chapter 16, Employer Rules and Policies. She also assisted in editing the Forms.

Joel “Ty” Gomez is a partner in the law firm of Clouse Dunn Hirsch LLP. He is a career litigator who has handled a diverse assortment of civil cases. He has significant experience representing corporate interests and employers, as well as individuals and executives in employment disputes, commercial disputes, and consumer fraud claims. In recent years, he has handled a number of complex mass-plaintiff suits and collective actions in the areas of retaliatory discharge, FLSA claims, and complex consumer fraud matters involving more than 200 plaintiffs. During his career, Mr. Gomez has obtained defense verdicts and negotiated favorable settlements for his clients. Since 2001, his work has led toward the recovery of millions of dollars for his clients. Mr. Gomez has a statewide practice and is also admitted in Federal District Courts in Texas. Mr. Gomez is admitted to the United States Court of Appeals for the Fifth Circuit, and has argued before that court. Mr. Gomez received a B.A. from Trinity University in 1989. He is a 1992 graduate of the Dedman School of Law at Southern Methodist University, where he was a member of the law school’s State Bar and National mock trial teams. Mr. Gomez is the coauthor of Chapter 40, Discovery.

Steven M. Ladik is a shareholder in the Dallas office of Jenkens & Gilchrist, P.C. where he directs the Immigration Practice Group. Mr. Ladik is a Past President of the American Immigration Lawyers Association and he is the current President of the American Immigration Law Foundation. He has served as President of the Texas chapter of A.I.L.A. and as Chairman of the Board Certification Examinations Committee on Immigration & Nationality Law of the State Bar of Texas.

Mr. Ladik received his bachelor’s degree from North Texas State University and his J.D. degree from Southern Methodist University in 1983. Mr. Ladik is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization.

Mr. Ladik authored Chapter 7, Immigration-Related Employment Practices.

Bryan P. Neal is an attorney at Thompson & Knight, LLP, in Dallas. He represents employers in labor and employment law matters with an emphasis on trial and appellate work. He is admitted to practice before the Supreme Court of the United States, the United States Court of Appeals for the Fifth Circuit, all United States District Courts in the State of Texas, and all state courts in Texas. Mr. Neal earned his J. D. degree, cum laude, from Southern Methodist University where he was Order of the Coif, a member of the SMU Law Review, Managing Editor, Annual Survey of Texas Law, and a Thompson Scholar. He earned his B.A. degree in Government and Politics, magna cum laude, from the University of Texas at Dallas. Notable cases include: Mattern v. Eastman Kodak Co., 104 F.3d 702 (5th Cir. 1997), cert. denied, 118 S. Ct. 336 (1997); Ingles v. Neiman Marcus Group, 974 F. Supp. 996 (S.D. Tex. 1997); Chester v. American Tel. & Tel. Co., 907 F. Supp. 982 (N.D. Tex. 1994), aff’d, 68 F.3d 470 (5th Cir. 1995), cert. denied, 516 U.S. 1141 (1996).

Mr. Neal authored Chapter 21, Disability Discrimination with attorney Alan E. Marks, an associate at Thompson & Knight, LLP.

James R. (Rod) Tanner is a founding shareholder of Tanner and Troutt, P.C. in Fort Worth, Texas. Board Certified in labor and employment law by the Texas Board of Legal Specialization, Mr. Tanner’s practice focuses on representation of labor organizations and individuals in labor and employment matters including collective bargaining, arbitrations, administrative proceedings and civil litigation. He has extensive experience in complex employment litigation including class actions under Title VII and the ADEA. He appears in The Best Lawyers In America (Woodward White 2005-2006), and both Texas Lawyer and Texas Monthly have recognized him as one of the state’s preeminent labor and employment attorneys. He has won a number of notable cases, including a precedent-setting case in which the Fifth Circuit held that an employment handbook may constitute an enforceable contract under Texas law in certain circumstances, notwithstanding an employment-at-will disclaimer. Mr. Tanner is a former Chair of the State Bar of Texas Labor and Employment Law Section, and a former Chair of the Tarrant County Bar Association Labor and Employment Law Section. He received his B.A. with Honors degree from the University of Texas at Austin in 1973 and his J.D. degree in 1976 from the University of Texas School of Law.

Mr. Tanner authored Chapter 18, Texas Commission on Human Rights Act: Procedures and Remedies, and Chapter 24, Discrimination Based on National Origin, Religion, and Other Grounds.