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Law Firm Overview

LABOR & EMPLOYMENT LAW PRACTICE

EMPLOYEES/EMPLOYERS

With increasing market demands, employers and employees need to be able to call upon experienced and efficient counsel. This is especially true in the labor and employment law area, with its mounting regulation and litigation exposure.

Representation in all phases of labor and employment matters gives Lynn C. Hensley the experience necessary to meet employee and employer needs and to respond to these problems with definitive and cost-effective approaches specifically tailored for each client.

Lynn C. Hensley's 46 years of experience results in quickly analyzing employment problems and providing practical legal advice to every client by having.

• Attorney Accessibility and Responsiveness
• Trial Experience
• Dispute Resolution Strategies
• Pragmatic, Cost-Effective Solutions
• Litigation Prevention Measures
• Regulatory Compliance Strategies
• Educating The Client to Avoid Legal Problems

Experience. Lynn C. Hensley, a board certified attorney in labor and employment law since 1975, was one of the first attorneys in Texas to receive this certification. Lynn C. Hensley practices before all administrative agencies and has successfully resolved claims including employment discrimination, wage and hour issues, sales commission disputes, unemployment compensation, union grievances and disability and work place injury issues. He has practiced in all of the following forums:

• U.S. Equal Employment Opportunity Commission (EEOC)
• National Labor Relations Board (NLRB)
• U.S. Department of Labor, Wage and Hour Division
• U.S. Occupations Safety and Health Administration (OSHA)
• Texas Workforce Commission
• Texas Human Rights Commission
• Austin Human Rights Commission
• Minnesota Department of Labor and Industry

Lynn C. Hensley's labor and employment law practice encompasses the following:

Employee/Employer

• Wrongful Discharge Litigation - federal and state claims
• Discrimination Claims - race, sex, age, disability, religion, national origin, sexual orientation, pregnancy
• Sexual Harassment
• Implied Contracts and Oral Promises
• Constructive Discharge
• Wage Claims
• Public Policy Claims - Whistleblower Termination
• Privacy Claims
• Workers' Compensation Retaliation Claims
• Defamation
• Union Arbitrations
• Labor Injunctions
• Informal Severance and Compensation Agreements
• Formal Separation and Release Agreements
• Consent Decrees - negotiations and implementation
• Arbitration - binding and non-binding
• Mediation
• Court-Supervised Settlements

Regulatory Compliance
Employee/Employer

• State and Federal Discrimination Laws
• Disability Accommodation (Americans with Disabilities Act)
• Wage and Hour Compliance
  • USDOL-WH Approved Entertainers Compensation Plans
  • Child Labor Violations and Compliance
  • Exemptions
  • Tipped Employee Plans/Compliance
  • Overtime Pay
• Affirmative Action Plans and Compliance Reviews
• Texas Labor Code Compliance
• OSHA - Health and Safety Policies
  • Inspection Support
  • Injury and Illness Prevention Program
• Workers' Compensation Retaliation
• Drug-Free Workplace
• Unemployment Claims - Texas Workforce Commission
• Union Organizing
• Collective Bargaining
• Texas Pay Day Act Claims and Compliance

Employment Administration
Employer

• Human Resources Policies and Procedures - recruiting, training, evaluation, discipline, standards of conduct, EEO, harassment, vacation, and leaves of absence
• Employee Handbooks
• Hiring
  • Employment Agreements
  • Consulting Agreements
  • Job Applications
  • Offer Letters
  • Pre-employment Screening Tests
• Terminations
  • Severance Agreements
  • Exit Interviews (Proprietary Information)
• Reductions in Force
• Independent Contractor Agreements
• Sales Commission Agreements
• Employee Benefit Plans (ERISA) - health, pension, profit-sharing, and severance plans
• Proprietary Information and Inventions Agreements
• Performance Evaluation Methods
• Non-competition and Confidentiality Agreements
• Disability and Insurance Claims
• Drug-Testing

ADVICE AND INFORMATION

Troubleshooting Advice. Most clients know Lynn C. Hensley through his availability in telephonic conferencing and rapid document preparation. Lynn C. Hensley provides instant advice on any pressing problems and personally works with the client to analyze the issues, provide options, and explain the methods to achieve and implement correct solutions. These matters are never referred to a legal assistant or paralegal!

Lynn C. Hensley:

• Assess - Facts, Background and Business Issues
• Identifies the Client's Problem or Achievement Standard
• Educates the Client on Legal Obligations and Barriers
  • Compliance Standards
  • Industry Practice
  • Risks and Costs
• Distinguishes Business Judgments from Legal Issues
• Outlines Options, Methods, Alternatives
• Drafts All Necessary Employment Documents

Updates on New Legal Developments and Training. Lynn C. Hensley keeps abreast of Labor and Employment law developments so that he can advise clients about new legislation. Training programs and seminars are available to clients' management staff.

DIVERSE EMPLOYER CLIENTS

Lynn C. Hensley's Employer Client base is diverse, from small to larger businesses, covering industrial and service oriented businesses:

appraisal companies and County Appraisal District, building contractors, construction, distribution, entertainment, equipment leasing
food and restaurants, graphics and signs, golf courses/management services, health clubs, hi tech lighting, manufacturing and mining
marinas, mechanical, media, medical and dental clinics, retail, transportation, unions

Areas of Practice:

95% Labor and Employment Law - Representing Employees and Employers
Wrongful Termination
Whistleblower
Discrimination Claim, Age, Disability, Race, Religion, Sex
Sex Discrimination
Sexual Harassment
Pregnancy Discrimination
FMLA Claims and Retaliation
Title VII Claims and Retaliation
Workers' Compensation Retaliation
Breach of an Employment Contract
FLSA Wage and Hour Claims and Audits
FLSA Overtime Pay, Missclassification
Trade Secrets
Non-compete Agreements
Unemployment Claims
Mediation/Arbitration of Employment Claims

Published Works:

Lynn C. Hensley has authored many labor and employment articles for Trade Magazines and Employer Guidance ALERTS.

Areas of Practice

• 95% Labor and Employment Law - Representing Employees and Employers
• Wrongful Termination
• Whistleblower
• Discrimination Claim, Age, Disability, Race, Religion, Sex
• Sex Discrimination
• Sexual Harassment
• Pregnancy Discrimination
• FMLA Claims and Retaliation
• Title VII Claims and Retaliation
• Workers' Compensation Retaliation
• Breach of an Employment Contract
• FLSA Wage and Hour Claims and Audits
• FLSA Overtime Pay, Missclassification
• Trade Secrets
• Non-compete Agreements
• Unemployment Claims
• Mediation/Arbitration of Employment Claims

Honors and Awards

• Texas Board of Legal Specialization 30th Anniversary, February 24, 2005

Published Works

• Concerning the Fair Labor Standards Act, Proper Classification of Employees, Compliance, Independent Contractor Issues

Classes and Seminars

• USDOL-Wage & Hour Compliance Plan & Forms, E.D. Publications, 1994
• USDOL-Wage & Hour Compliance Plan & Forms, E.D. Publications, 1995
• USDOL-Wage & Hour Compliance Plan & Forms, E.D. Publications, 1996
• USDOL-Wage & Hour Compliance Plan & Forms, E.D. Publications, 1997
• USDOL-Wage & Hour Compliance Plans & Forms, E.D. Publications, 1998
• FLSA Compliance, Tips v. Service Charge, National 1st Amendment Lawyer Association, 1997

Representative Clients

• White & Blue Collar Employees
• Americus Diamond
• Capital Appraisal Group Inc.
• Hewitt Dental Inc.
• High End Systems
• Great Hills Country Club
• RV Outlet MALL
• Premiere Lady
• Signs & Graphics
• Volente Marina Management, L.L.C.
• Western Paper
• Mine Services, Inc.
• Anderson County Appraisal District

References

• Mike Parker & Company
• Kirby C. King, Attorney
• Felix Rippy, Attorney
• Richard Crawford/Americus Diamond
• John Hamment, Florida Attorney
• Bob Sabes Minn & NV
• Louis Warren
• Carroll Wiely
• Charles Parker
• Reagan Nash

Ancillary Businesses

• Arbitrator - Labor & Employment Law
• Mediator - Labor & Employment Law

West Practice Categories

Civil Rights, Age Discrimination, Disability & Illness Discrimination, National Origin Discrimination, Race Discrimination, Religious Discrimination, Sex Discrimination, Sexual Harassment, Construction Law, Affirmative Action -- Employee, Americans with Disabilities Act -- Employee, Employee Rights -- Employee, Employment Contracts -- Employee, Employment Discrimination -- Employee, Family Medical Leave Act (FMLA) -- Employee, Federal Employer's Liability Act (FELA) -- Employee, Municipal Employment -- Employee, Occupational Safety & Health Act (OSHA) -- Employee, Pensions, Benefits & Compensations -- Employee, Sexual Harassment -- Employee, Wage & Hour Laws -- Employee, Worker Adjustment and Retraining Notification (WARN) Act -- Employee, Wrongful Termination -- Employee, Employment Law -- Employer, Affirmative Action -- Employer, Americans with Disabilities Act -- Employer, Employee Rights -- Employer, Employment Contracts -- Employer, Employment Discrimination -- Employer, Family Medical Leave Act (FMLA) -- Employer, Federal Employer's Liability Act (FELA) -- Employer, Occupational Safety & Health Act (OSHA) -- Employer, Pensions, Benefits & Compensations -- Employer, Sexual Harassment -- Employer, Wage & Hour Laws -- Employer, Whistleblower -- Employer, Worker Adjustment and Retraining Notification (WARN) Act -- Employer, Wrongful Termination -- Employer, Entertainment, Collective Bargaining, Labor Arbitration, Labor Disputes, Labor Relations Boards & Proceedings, Unfair Labor Practices, Unions, Wage & Hour Laws, Worker Adjustment and Retraining Notification (WARN) Act