About the Author

Laura M. Franze is the national co-chair of the Labor and Employment practice of the law firm of Hunton & Williams LLP. She has been Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization since 1984 and is a graduate of Duke University School of Law. Her experience of over 25 years encompasses significant class-action litigation and litigation in virtually all substantive areas of labor and employment law, including discrimination, FLSA, and state wage and hour. 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. Laura is an accomplished trial lawyer, having represented management to successful verdict in many employment law cases, including regional and nationwide class actions filed in Texas, California, New Mexico, Ohio and in a dozen other states. Laura is particularly experienced in defending management in actions filed by or involving the government by intervention, including the EEOC, the Department of Labor, the OFCCP, and the Department of Justice, State Attorney General cases. Samples cases include:

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., (Arizona Federal District Court)
Lara, et al. v. Cinemark USA, Inc., 207 F.3d 783 (5th Cir. 2000)
OPVA, et al. v. Regal Cinemas, Inc., et al., 142 F. Supp. 2d 1293 (D. OR. 2001)
EEOC v. Thrift Stores, Inc. (U.S.D.C.)
Corinne Garcia v. Furr’s, Inc. 105 N.M. 521, 734 P.2d 761 (N.M., Mar. 17, 1987 (class sex)
Stokes v. Furr’s, Inc., 106 F.3d 396 (5th Cir. 1997)
Thomas Land v. Furr’s, Inc. (New Mexico Trial, Appellate and New Mexico Supreme Court).

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), has been repeatedly named one of the top 50 women lawyers in the state (Texas Monthly), and as a “Super Lawyer” (Texas Monthly, 2003-2008.)

Laura has been repeatedly named to Chambers USA America’s Leading Lawyers for Business Client Guide, including the most recent listing in 2008. According to Chambers, peers say Ms. Franze 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 Hot Topics and Commonly Asked Questions; Chapter 1, Employment Relationship Defined; Chapter 3, Wrongful Discharge; Chapter 13, Internal Investigations; Chapter 14, Arbitration of Employment Claims; Chapter 19, Sex Discrimination; Chapter 20, Sexual Harassment; Chapter 23, Age Discrimination; Chapter 26, Retaliation; 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; Chapter 34, Texas Whistleblower Act; and Chapter 37 Ethical Dilemmas. Laura also edited or contributed to the updates of many other chapters.

Laura is also author of a chapter titled “Employee Privacy Rights,” appearing in Employment Termination, 2nd Ed., 2003 Supp., ABA and BNA Books; and author of a chapter titled “Strategies for Defending Sex Harassment Cases: Investigation-Discovery-Motions-Opening/Closing,” appearing in Labor Law Developments 1998, Matthew Bender, 1998. She has authored numerous articles during the course of her career, including “Sarbanes-Oxley Implications for General Counsel, Human Resources, Employment Policy and Employment Law,” The Metropolitan Corporate Counsel (November 2002); “Certification of Employment Discrimination Class Actions under Civil Rights Act of 1991,” Washington Legal Foundation (March 2000); “Temp Work: Long-Term Problems,” Texas Lawyer (June 1, 1998); “Hiring in a Fish Bowl: The Case of Joe’s Stone Crab,” Texas Lawyer (1998); “Employers’ Hiring Practices and Disparate Impact Analysis: The Case of EEOC v. Joe’s Stone Crab,” Washington Legal Foundation (April 1998); and “Development in the Substantive Law: Employers Beware,” Texas Lawyer (1998). Laura also edited or contributed to the updates of many other articles.

Laura is admitted to practice before the U.S. Supreme Court and the U.S. Courts of Appeals for the 5th, 6th, 9th, 10th and 11th Circuits, as well as numerous district courts. Laura is also admitted to the state bars in the States of Texas, Ohio (inactive), New Mexico and California.

Contributing Authors

John G. Browning is a partner at Thompson Coe, in the Dallas office, 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, Mr. 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 and spoken in the field of labor and employment law. 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 has written the supplement to Chapter 25, Family and Medical Leave Act since 2003.

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 a labor and employment attorney in Dallas, Texas. Most recently, she was the Associate General Counsel for Zale Corporation, where she managed litigation and advised Zale in all areas of employment and labor law in the United States and Puerto Rico. She also counseled Zale on its records retention policy, records holds, and e-discovery. Previously, as Counsel in the Labor Section of Akin Gump Strauss Hauer & Feld LLP, Ms. Garcia advised employers on all types of employment law issues and represented employers in employment litigation. While at Akin Gump, she also successfully launched and led a knowledge management initiative for the firmwide Labor Section to capture, organize, and share key knowledge and expertise.

Ms. Garcia is a featured speaker on various employment law and recordkeeping topics. She received her B.A. with highest honors in 1992 and her J.D. in 1995 from the University of Texas, where she was chosen as the Outstanding Woman Law Graduate. She is a member of the State Bar of Texas.

Ms. Garcia is the author of Chapter 15, Employee Records, and co-author of Chapter 35, Affirmative Action Obligations for Government Contractor Employers. She also participated in the initial development, review, and selection of forms included with this treatise.

Joel “Ty” Gomez is the managing director of the Gomez Law Group, PLLC, in Dallas, Texas. 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.

John P. Hagan is a partner who practices employment law with Sarles & Ouimet L.L.P. in Dallas. He is an award-winning author for the College of the State Bar, and has written on several employment law issues, including damages, race discrimination, wrongful termination, and recordkeeping requirements. In addition to his work on this publication, Mr. Hagan has co-authored Employment Law Handbook - Texas (Texas Association of Business and Chambers of Commerce). While at the Southern Methodist Dedman School of Law, Mr. Hagan was Editor-in-Chief of the Computer Law Review and Technology Journal and contributed "What Every Texas Attorney Needs to Know About the Ethics of Advertising on the Internet" to that publication in 1996. Mr. Hagan received his undergraduate degree from the University of Texas at Austin. Mr. Hagan is a past president of the Collin County Young Lawyers Association and a former director of both the Texas Young Lawyers Association ("TYLA") and the Dallas Association of Young Lawyers. In 2001, Mr. Hagan received the President's Award of Merit from the TYLA. In 2000, he was chosen outstanding TYLA Director of the Year. That same year, the Collin County Young Lawyers Association created an award in his honor, the John P. Hagan Founders’ Award, to recognize future young bar leaders for their commitment to public service. In 2004, Mr. Hagan was awarded a Presidential Citation by the State Bar of Texas and in 2008, he was recognized as Volunteer of the Year by the Dallas Human Resource Management Association.

Mr. Hagan co-authored Chapter 6, The Hiring Process, Chapter 17, Employment Discrimination Law-Overview & History, and Chapter 22, Race Discrimination.

Steven Ladik serves as managing partner of the Dallas office of Berry, Appleman & Leiden LLP. He specializes in managing complex immigration matters for multinational clients, including PERM recruitment programs, development of strategies to cope with lay-offs and workforce reductions, and due diligence and management of the immigration process for corporations and foreign nationals impacted by mergers and acquisitions.

Additionally, Mr. Ladik has developed a national practice representing professional athletes in immigration matters in a variety of sports, including tennis, golf, soccer, squash, basketball, track and field, figure skating, baseball and hockey. He currently serves as the outside immigration counsel to the PGA TOUR and the Texas Rangers baseball organization. Mr. Ladik advises the International Affairs Committee of the Greater Dallas Chamber of Commerce on immigration issues and coordinates immigration legislative strategy for the Chamber and its members. He is a former Chairman of the State Bar of Texas Board Certification Examinations Committee in the field of immigration and nationality law. He is a past president of the American Immigration Law Foundation (2003-2006) and a past president of the American Immigration Lawyers Association (2001-2002). Mr. Ladik is listed in Who’s Who in International Law, which cites Mr. Ladik as “one of the very best in the country.” He has been ranked in the top band of immigration lawyers by Chambers USA and has been listed in the Best Lawyers in America for over 12 years.

Mr. Ladik received his B.A. degree from North Texas State University and his J.D. degree from Southern Methodist University.

Sandra K. Dielman is board certified in labor and employment law by the Texas Board of Legal Specialization. Her practice focuses on the counseling of employers on compliance with federal, state, and local labor and employment laws. She routinely advises employers on the drafting and administration of employment policies and handbooks, compliance with federal and state employment and wage and hour laws, and the drafting of employment contracts and severance agreements. She also has significant experience handling labor and employment due diligence as well as providing advice to purchasers and sellers in the context of corporate transactions. Her experience also includes representation of management in labor arbitration, counseling on labor contract administration, single plaintiff employment litigation, handling unfair labor practice charges before the National Labor Relations Board, and federal wage and hour collective action litigation.

Sandy is a member of the Labor and Employment Law Section of the State Bar of Texas and the Employment Law Section of the Dallas Bar Association. She has authored Chapter 16, “Employer Rules and Policies” and co-authored several chapters in Texas Employment Law (James Publishing) as well as a variety of articles in human resource publications involving legal issues in the workplace. She also has been a speaker at the American Bar Association's Annual Tort and Insurance Law Section Meeting where she spoke on a panel with a Harvard genetics professor and a health care lawyer on legal issues associated with the use of genetic information in the workplace. Sandy was recently named as a “Texas Rising Star” by Law & Politics Magazine and the publishers of Texas Monthly.

Sandy graduated from Wayne State University with a Bachelor of Arts in 1990 (summa cum laude), and received her Juris Doctor from the University of Michigan in 1993. She has been admitted to the Texas and U.S. District Courts for the Northern, Southern, and Western Districts of Texas.

Jane Matheson is a principal in the law firm of Matheson Law Partners, PLLC, Austin, Texas. Ms. Matheson practices labor and employment law, with an emphasis in OSHA cases, discrimination and sexual harassment claims, wage and hour compliance, executive employment contracts, and general employment law questions. Drawing upon her earlier experiences as an attorney in the Department of Labor’s regional Solicitor’s Office and as a Deputy Assistant Secretary in charge of field enforcement for OSHA, Ms. Matheson focuses much of her practice on OSHA matters in which she represents employers in workplace safety and health compliance issues. Ms. Matheson also served as the Chief Counsel and Special Counsel to the Chairman of the Occupational Safety and Health Review Commission.

She received her B.A. degree from the University of Texas, Plan II Honors program, and her J.D. degree from the University of Texas School of Law in Austin. She is admitted to practice in state and federal courts in Texas and the Fifth and Eleventh Circuit Courts of Appeals.

Ms. Matheson authored Chapter 10, Employee Safety and Health. Ms. Matheson wishes to acknowledge Sarah Fink, Attorney, Matheson Law Partners, PLLC, for her contributions with the updating of this chapter.

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 Micah R. Prude, 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.

Updated 04/06/12