State and federal discrimination laws designed to protect employees can be a confusing area of law for employers. DPH attorneys counsel and train employers on anti-discrimination policies and practices and can help navigate this ever-changing area of law. We represent employers in front of the EEOC, the Fort Worth Commission on Human Rights, and the Texas Workforce Commission. We have successfully obtained numerous findings of “no cause” from state agencies, have been able to get suits dismissed before trial, and have obtained verdicts for employers in state and federal court. There is no need for employers to go it alone and we are here to be your ally.
DPH has substantial experience and knowledge in the area of traditional labor relations. Our attorneys have represented management in connection with union representation campaigns, collective bargaining, strike preparations, labor arbitrations, and National Labor Relations Board proceedings.
Whether you have been notified of a union campaign, you work with an existing union, you are facing a strike, or are involved in charges pending before the National Labor Relations Board, Dowell Pham Harrison can help. Our lawyers will work closely with your company and your team to achieve successful employee relations.
non-compete agreements (employee)
Leaving a current position to seek other employment can be a daunting task. It can be even more stressful if you previously signed a non-compete agreement. Prior to beginning to work for a competing business, employees should have their non-compete agreement reviewed by a lawyer to help evaluate whether the non-compete is enforceable and the potential consequences of selecting to work for a competing businesses with an enforceable non-compete agreement in place. DPH attorneys have years of experience in drafting, reviewing, and litigating non-competes that enables them to effectively advise employees on the potential pitfalls of signing a non-compete and/or working for a competing business when you are subject to a non-compete agreement.
We believe that the best defense is a good offense. DPH attorneys are available to advise you on all aspects of employment law including Family and Medical Leave Act (FMLA), Fair Labor Standards Act (FLSA), workers’ compensation retaliation, discrimination, non-competes, employment agreements, employee counseling and terminations. Because we understand employers need a go-to employment attorney, we encourage you to call for counseling, even if you just need an area of law clarified or explained. A fifteen-minute call with one of our attorneys could help prevent a lawsuit that might cost you hundreds of thousands of dollars.
DPH’s litigation practice focuses on representing clients when court intervention becomes necessary. Our attorneys have represented business owners and individuals in a variety of litigation matters, including contract disputes, Deceptive Trade Practices Act (DTPA), disputes over commercial payments, landlord/tenant issues, and partnership disputes.
Sometimes partnerships do not end amicably and the parties are forced to take the issue to court. One common issue that arises is whether a partnership existed in the first place. Although the law in Texas can be confusing for partners, our attorneys are well-versed in helping you navigate this complex area of law. DPH attorneys have handled numerous lawsuits involving issues such as breach of fiduciary duty, existence of a partnership, value of the partnership, and ownership percentages.
The fastest growing type of lawsuits against employers for the past several years have been retaliation claims. Often, an employee can win a suit for retaliation when that same employee could not win the underlying discrimination suit. DPH attorneys counsel and train employers on avoidance of retaliatory actions and claims. If a claim is filed, we can help put you in the best possible position to avoid an adverse verdict. Our attorneys have successfully represented employers in front of the EEOC with numerous findings from that agency of “no cause,” have gotten numerous cases dismissed before trial, and have obtained verdicts for the employer at trial.
FLSA/Wage and HOUR LAW
The Fair Labor Standards Act (“FLSA”) was designed to protect employees and guarantee they would be paid at least minimum wage for every hour worked, and time and a half for every hour over 40 hours in a week. The FLSA has been used more recently by Plaintiffs’ attorneys as a “gotcha” statue because employers who do not follow the strict technical requirements of the statute can be on the hook for not only the employees’ back wages, but also a penalty of double the wages as well as attorney’s fees. Due to the strict technical requirements of the statute, employers often get caught unaware when they did not realize they were in violation of the FLSA. DPH attorneys can help you understand these requirements and advise on how to avoid claims. If suit is filed we will work with you toward the best resolution for your business. At times, that might be early settlement to avoid paying huge attorney’s fees, and at times, that may mean vigorous representation. Whatever the situation, our attorneys have years of experience advising, settling, and trying FLSA cases.
non-compete agreements (employer)
Employers can protect themselves against unfair competition by departing employees with carefully drafted non-compete agreements. This area of the law is constantly evolving and agreements must be reviewed frequently to ensure they comply with the current laws. Once a non-compete in in place, if an employee leaves and begins violating the agreement, we spring into action to enforce the non-compete through whatever means necessary. Often, enforcing a non-compete requires swift action to obtain a temporary restraining order, keeping the employee from competing. DPH attorneys have years of experience helping employers protect their valuable company information by drafting and enforcing non-compete agreements.
policy drafting and implementation
DPH has the expertise to craft employment policies that are up to date with current law and will help your company operate effectively and efficiently. We can provide day-to-day counseling to ensure your policies are implemented properly. We even provide on-site training to directors, managers, and supervisors on your policies and compliance with applicable laws, such as Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Equal Pay Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act of 1990, the Family and Medical Leave Act of 1993, the Fair Labor Standards Act, the WARN Act and many other federal and state laws.