Hanna Fister Norvell

Partner

2800 JPMorgan Chase Tower
600 Travis
Houston, Texas 77002
Phone: (713) 226-1423
Fax: (713) 229-2599
hnorvell@lockelord.com

Board Certified in Labor and Employment law, Hanna Norvell has 17 years of experience in defending and counseling employers in matters related to employment decisions or allegations made by employees, including those concerning compensation, hiring, termination, retaliation, harassment and discrimination (Title VII of the Civil Rights Act), wages and hours (Fair Labor Standards Act), disability accommodation (ADA), leaves of absence, Family and Medical Leave Act (FMLA), federal contractor obligations (OFCCP and others), layoffs/staff reductions (including WARN Act), military leave (USERRA), unemployment compensation, workers compensation, workplace violence or misconduct, employee privacy, internet/social media use, workplace investigations, drug testing, medical exams, employment handbooks and policies, and employee and management training.

Ms. Norvell has extensive experience in drafting, enforcing, and litigating executive and other employment agreements, compensation and benefits agreements, non-disclosure, non-competition, non-solicitation and non-hire agreements, and in litigating claims of tortious interference, unfair competition, misappropriation of trade secrets and confidential information, breach of contract, defamation, and intentional infliction of emotional distress.

Ms. Norvell defends owners and operators of public accommodations in claims regarding inequitable access to or barriers to access facilities or services brought under Titles II and III of the Americans with Disabilities Act (ADA) and comparable state laws. Ms. Norvell also advises owners and operators of public accommodations regarding compliance with the ADA, including the 1991 and 2010 versions of the ADAAG (ADA Accessibility Guidelines) and comparable state guidelines.

Ms. Norvell advises owners and managers of multi-family housing developments regarding Fair Housing Act (FHA) compliance and issues and defends claims of Fair Housing Act violations.

Ms. Norvell is Chair of the firm's Labor & Employment Practice Group and a member of the firm's Board of Directors. She has also served as co-chair of the firm’s Women’s Initiative Committee, co-Hiring Partner for the Houston Office, member of the firm’s Alternative Fee Arrangement Committee, and on the Houston office Hiring and Diversity Committees. She is a frequent speaker and writer on employment-related legal issues.

Education

J.D., Vanderbilt University Law School, 1996
B.A., magna cum laude, Transylvania University, 1993

Bar Admissions

Texas

Admitted To Practice

U.S. Court of Appeals for the Fifth Circuit
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

Representative Experience

Title VII Experience (Discrimination, Harassment, Retaliation Claims)

Defeated class certification and obtained dismissal of 25-plaintiff race discrimination lawsuit against manufacturing company.
Defended, litigated and resolved various Title VII and comparable state law lawsuits and complaints regarding alleged conduct, comments, assault, policies, pay practices, hostile work environment, pornography, inappropriate e-mail or internet usage, and other forms of alleged harassment, discrimination and retaliation.
Obtained numerous summary judgment dismissals in federal and state courts of race, age, and gender discrimination, harassment, and retaliation claims filed against various clients in several industries, including energy, manufacturing, and technology.
Resolved class-wide disparate impact race discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC).
Handled as first and second-chair various trials and arbitrations of discrimination, harassment and retaliation claims.
Conducted or supervised client internal investigations of numerous harassment, discrimination or retaliation claims, including those based on sex, race, age, nationality, religion, and other protected categories.
Trained client managers as well as all client employees on best practices for compliance with Title VII, including drafting new policies and implementing ongoing training.

Trade Secret, Non-Competition, Non-Solicitation Experience

Prosecuted numerous claims for several clients regarding misappropriation of trade secrets, tortious interference with employee on business relations/contracts, and breach of contract (non-disclosure, non-competition, non-solicitation or other restrictive covenant provisions) against competing companies and former employees.
Defended claims by former executives and employees regarding allegedly unenforceable or overbroad non-competition and non-solicitation contractual provisions.
Drafted agreements for, and counseled clients in several states regarding, enforceability of non-compete, non-solicit, and non-disclosure covenants in several industries, including energy, oilfield services, computer software, retail, medical, manufacturing, and more.
Conducted internal investigations for clients concerning appropriate use of confidential and trade secret information belonging to client, as well as that of other companies.
Counseled clients regarding appropriate hiring decisions regarding applicants with non-disclosure, non-solicitation and non-competition agreements benefiting former employers.

ADA Public Accommodations, Fair Housing Act Experience

Serve as national defense counsel for all ADA lawsuits concerning accessibility of accommodations for a large national hotel chain.
Defended various clients nationwide in more than 50 different lawsuits and administrative complaints from private litigants, the U.S. Department of Housing and Urban Development, and the U.S. Department of Justice, regarding accessibility for the disabled in residential facilities and public accommodation facilities of all types, including restaurants, theaters, hotels, stadiums, outdoor concerts and festivals, car washes, museums, retail stores, parking lots/structures, medical and office buildings.
Counseled and assisted multiple national retail and other companies regarding ongoing ADA, FHA, and state law issues and compliance with the 1991 ADA Accessibility Guidelines (ADAAG), 2010 Standards for Accessible Design, Fair Housing Act Design Manual and other safe harbors, Texas Accessibility Guidelines, and comparable guidelines in California, Florida and multiple other states.
Counseled clients regarding ADA and FHA obligations in agreements for sale or lease or management services and as a part of due diligence involved in large transactions.
Counseled public accommodations and residential facilities on altering and designing current and new construction to be compliant with all applicable accessibility laws, including conducting inspections and ongoing plan review.

Executive Compensation and Employment Agreement Experience

Negotiated and drafted numerous executive employment agreements, executive compensation plans, and executive severance agreements for companies involved in various industries including energy, manufacturing, retail, banking, oilfield services, healthcare, insurance, accounting, real estate, and software.
Reviewed, analyzed, and summarized pertinent aspects of thousands of employment agreements as part of due diligence for acquisitions of companies.
Obtained summary judgment dismissal of former executive’s financial "whistleblower" claim against energy company.
Defended high profile fraud and breach of contract claim brought against energy company by former executive.
Defended “for cause” dismissal decisions for several employers in breach of contract claims.

Wage and Hour (FLSA) and Employee Classification Experience

Defended multi-plaintiff and collective action claims for unpaid overtime and misclassification of employees in numerous industries.
Defended various clients in U.S. Department of Labor (DOL) investigations covering numerous statutes the DOL enforces, including issues of minimum wage and overtime, misclassification of exempt employees, child labor, independent contractors, Service Contract Act, Davis Bacon Act, and more.
Counseled numerous clients on wage and hour compliance including minimum wage, overtime, breaks, donning/doffing time, travel time, work from home or from smartphones, off the clock hours, exemptions from overtime, independent contractor status, HR training, job descriptions, time recording and pay-related policies, internal audits, and collective action litigation.

FMLA/GINA/ADA Experience

Counseled and assisted clients in compliance with overlapping duties under FMLA, ADA, GINA and workers compensation.
Defended clients in several FMLA lawsuits and Department of Labor investigations regarding both interference and retaliation FMLA claims.
Counseled clients regarding the interactive process and responding to numerous types of job accommodation requests under the ADA, and provided appropriate training and policies regarding accommodations.
Assisted clients with policy and form revisions required by GINA.
Obtained judgment as a matter of law for the client's position on FMLA claim and defended appeal to Fifth Circuit. Issue later became part of FMLA regulations.