Joel focuses exclusively on employment litigation defense. He defends employers in connection with a wide array of claims including those under the Fair Labor Standards Act (FLSA), Title VII, state discrimination laws, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA) and state tort law.
In recent years, Joel first-chaired two trials where the defense won both verdicts, and he was second chair in a collective action trial, where he helped secure a decertification of the class after one week.
More recently, Joel has secured more than 20 summary judgments on the executive exemption as applied to retail store managers in federal courts located in the 3rd, 4th, 5th, 6th, 8th and 10th U.S. Circuit Courts of Appeals. He has a wealth of experience defending wage-and-hour collective actions and has represented clients to wins at the certification stage on four occasions in the last two years. The claims in these class and collective actions have included claims of misclassification of managers; compensable time claims, including failure to pay for meal breaks; and final wage claims.
Joel also has experience in defending employers in connection with U.S. Occupational Safety and Health Administration (OSHA) complaints, and investigations brought by the Chemical Safety Board (CSB). For example, he advised a national chain restaurant being investigated in an accidental death, a chemical company in connection with a PSM audit and a petrochemical company in connection with a CSB and OSHA investigation of a refinery explosion. He also helps employers enforce employment, noncompete and confidentiality agreements.
Joel frequently speaks before professional associations such as the University of Houston’s Continuing Education program, ACI and The Credit Law Institute, and he is a member of several U.S. bar associations. He has been certified in labor employment by the Texas Board of Legal Specialization since 1997.
- The University of Texas School of LawJD1991
-
Southeastern Oklahoma State UniversityBS
magna cum laude
1988
Selected for inclusion in America’s Leading Lawyers for Business, Labor & Employment, Texas, Chambers USA, 2024
Named a “Texas Super Lawyer,” Texas Monthly 2003, 2012–2014
- Author, Uber’s Challenge to Non-Individual PAGA Standing Crashes at the California Supreme Court, McGuireWoods Legal Alert, July 18, 2023
- Author, Ninth Circuit Holds Federal Arbitration Act Preempts California Law Prohibiting “Forced Arbitration”, McGuireWoods Legal Alert, February 21, 2023
- Author, Employers Face Six-Year Statute of Limitations for Criminal Background Check Claims, McGuireWoods Legal Alert, February 1, 2023
- Author, California Enacts New Law Targeting Warehouse Distribution Center Production Quotas, McGuireWoods Legal Alert, September 29, 2021
- Author, Texas Expands Employee Sexual Harassment Protections Beyond Federal Title VII, McGuireWoods Legal Alert, September 2, 2021
- Author, Hyper-Technical Interpretation: 9th Circuit Increases FCRA Reach, McGuireWoods Legal Alert, February 1, 2019
- Author, EEOC’s Revised Annual Collection of Pay Data on EEO-1 Forms, McGuireWoods Legal Alert, July 15, 2016
- Author, EEOC Proposes Burdensome Annual Collection of Pay Data on EEO-1 Forms, McGuireWoods Legal Alert, February 2, 2016
- Oklahoma
- Texas
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Fifth Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Court of Appeals for the Tenth Circuit
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. District Court for the Eastern District of Arkansas
- U.S. District Court for the Western District of Arkansas
- U.S. District Court for the District of Colorado
- U.S. District Court for the Central District of Illinois
- U.S. District Court for the Northern District of Illinois
- U.S. District Court for the Northern District of Indiana
- U.S. District Court for the Eastern District of Oklahoma
- U.S. District Court for the Northern District of Oklahoma
- U.S. District Court for the Western District of Oklahoma
- U.S. District Court for the Middle District of Tennessee
- U.S. District Court for the Eastern District of Texas
- U.S. District Court for the Northern District of Texas
- U.S. District Court for the Southern District of Texas
- U.S. District Court for the Western District of Texas
- Speaker, "Criminal Background Checks: Legal Developments and Recent Trends," The HRSouthwest Conference, October 11, 2021