Scott Davidson provides counsel in every facet of the Firm’s labor and employment practice section, including employment litigation matters involving claims for wage and hour violations, breach of contract, ERISA violations, sexual harassment, and discrimination on the basis of race, national origin, age, gender, and disability. Mr. Davidson defends employers in federal and state courts across the country, and before various administrative bodies, in employment law cases involving individual and multi-plaintiff actions, as well as collective and class action claims.
Board certified in Labor & Employment Law, Mr. Davidson also advises employers on issues pertaining to the National Labor Relations Act, including union organizing drives, representation elections, collective bargaining, grievance arbitrations, and proceedings before the National Labor Relations Board such as unfair labor practice hearings and objections to the conduct of elections.
Mr. Davidson maintains an active OSHA practice in which he represents employers in OSHA workplace investigations, as well as defending companies in enforcement actions before the Occupational Safety and Health Review Commission. Mr. Davidson has represented employers in OSHA enforcement matters ranging from record-keeping issues to complex workplace fatalities.
Building on his education and prior career as a human resources professional, Mr. Davidson also advises and counsels employers on a broad range of personnel issues, including disciplinary actions, internal investigations, policy formulation, managerial training, employment agreements, executive compensation, employee benefits matters, and compliance with local, state and federal employment laws.
Mr. Davidson also counsels companies on matters relating to the protection of confidential and trade secret information, from the development of policies and procedures designed to protect critical company assets, to prosecuting civil litigation against individuals and industry competitors for the unlawful misappropriation and use of such information. Mr. Davidson also maintains a nationwide non-compete litigation practice, both defending against and seeking the enforcement of covenants not to compete and non-solicitation agreements.
Selected by Texas Monthly as a “Texas Rising Star” for 2006, 2007, 2008 and 2009, Mr. Davidson is also a well-regarded writer and speaker on the topic of labor and employment.
Education
- J.D., cum laude, New York University School of Law, 1998
Articles Editor, N.Y.U. Law Review
Asian-Pacific American Law Students Association - B.S., Management and Human Resources, magna cum laude, California State Polytechnic University, Pomona, 1993
Bar Admissions
- Texas, 2001
- California, 1998
Admitted To Practice
- U.S. Court of Appeals for the Fifth Circuit
- U.S. District Court for the Southern District of Texas
- U.S. District Court for the Northern District of Texas
- U.S. District Court for the Eastern District of Texas
- U.S. District Court for the Western District of Texas
- U.S. District Court for the Central District of California
Representative Experience
- Representation of oilfield services company in Texas-based wage and hour collective action seeking unpaid overtime compensation, and parallel Department of Labor wage and hour audit
- Representation of national health club in California wage and hour class action lawsuit seeking overtime compensation
- Representation of clients in the waste and recycling industries in defense of single plaintiff and multi-plaintiff discrimination and sexual harassment lawsuits filed in state and federal courts
- Obtained defense verdict for petroleum testing instrument manufacturer in jury trial involving trade secret misappropriation claims
- Secured TRO, permanent injunction, and monetary damages in noncompete dispute on behalf of client in the oilfield services industry
- Obtained trial verdict on behalf of biodiesel manufacturing company seeking to enforce covenant not to compete
- Defended barge repair company in OSHA enforcement action involving multiple workplace fatalities
- Representation of hospitals in matters under the National Labor Relations Act, including union organizing drives, elections and unfair labor practice hearings
- Advised and counseled clients in the pipeline and building management industries on labor matters related to union organizing and corporate campaigns
- Representation of technology and business services company in defense of individual and multi-plaintiff race, gender and disability discrimination lawsuits
- Representation of major medical device manufacturer in contractual disputes with employees and independent contractors
Publications & Presentations
Publications
- Co-Author, "Locke Lord QuickStudy: EEOC Rules Transgender Employees Are Protected Under Title VII," Locke Lord (May 9, 2012)
- "National Labor Relations Board Rules That Mandatory Class Action Waivers By Employees Violate Federal Labor Law," Locke Lord QuickStudy, January 2012
- "Reemployment Rights for Military Service Members and New Federal Leave Provisions for Their Families," The Houston Lawyer, September/October 2008 (with Sara C. Longtain)
- "Labor Unions Renew Efforts to Organize Health Care Workers in Texas," Health Care Legal Update, Locke Liddell & Sapp, Spring 2006
- Contributing Editor, O'Connor's Texas Causes of Action (2006 Edition), Covenants Not to Compete
- Chapter Author, Employment Termination Rights and Remedies (Second Edition) 2003 Supplement, Just Cause Analyzed (Chapter 2)
Presentations
- "Labor and Employment Law Update," Houston Bar Association, Corporate Counsel Section, February 2013
- "No Easing Off the Gas Pedal: The Department of Labor’s Regulatory Agenda for 2013 and Beyond," Client breakfast briefing, January 2013
- "Employee Leave: FMLA and ADA," Client presentation, September 2012
- "The National Labor Relations Act and New Posting Requirement," Client presentation, March 2012
- "The National Labor Relations Board: Stooges or Stalwarts?," Client breakfast briefing, February 2012
- "Expanded Employer Obligations and Emerging Issues in Employment Law," Houston Bar Association, Corporate Counsel Section, October 2011
- "Wage and Hour Wars: Collective Actions, Agency Audits and Traps for the Unwary," Client breakfast briefing, February 2011
- "Sexual Orientation, Gender Identity and Other Emerging Discrimination Issues," Client breakfast briefing, January 2010
- "Recent Developments in Employment Law and Legislative Issues on the Horizon," Association of Legal Administrators, Houston Chapter, July 2009
- "Can You Keep a Secret? A Practical Guide to the Protection of Trade Secrets and Confidential Information," client presentation, May 2008
- "Organized Labor," presentation to International Visitor Leadership Program, U.S. Department of State, September 2008
- "Think disPositive!: Summary Judgment Practice in Federal and State Employment Law Cases," Labor and Employment Institute, Houston Bar Association, April 2006
- "Whistleblower Provisions of the Sarbanes-Oxley Act," Houston Area Manufacturers Association, April 2003
- "Union Organizing in the Electronic Age," Houston Management Lawyers Forum, July 2002
- "Misclassification of Employees and Other Wage and Hour Issues," client presentation, 2000
- "Weingarten Rights: How They Work and the Board's Recent Expansion," client presentation, November 2000
- "Fitness for Duty: Medical Examinations and Inquiries under the ADA and FMLA," client presentation, May 2000
- "Technology and the Workplace: Challenges Facing the Twenty-First Century Employer," client presentation, 2000
Professional History
- Partner, Locke Lord LLP
- Associate, O’Melveny & Myers LLP (October 1998 – May 2001)
Professional Affiliations & Achievements
- Member, State Bar of Texas
- Member, State Bar of California
- Member, Houston Bar Association
- Membership Chair, Labor & Employment Law Section (2004 - 2005)
- Member, Asian American Bar Association of Houston
- Selected, "Texas Rising Star", Texas Monthly Magazine (2006 - 2009)
Community Leadership
- Board of Directors, Vice-Chair, Healthcare for the Homeless-Houston
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Related Practice Areas
Board Certifications
Labor & Employment Law by the Texas Board of Legal Specialization
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