Jeffrey McPhaul is a Partner in the Houston office of Locke Lord LLP where he focuses his practice on labor & employment law. Board Certified in Labor & Employment Law by the Texas Board of Legal Specialization, Jeff has represented employers in litigated employment matters in state and federal courts, arbitration proceedings, and before administrative agencies on a wide variety of issues, including claims of discrimination, harassment, retaliation, and failure to accommodate; wage and hour disputes; breaches of fiduciary duties; defense and enforcement of covenants not to compete and nonsolicitation agreements; OSHA complaints; misappropriation of trade secrets; and non-subscriber cases.
Jeffrey McPhaul is a Partner in the Houston office of Locke Lord LLP where he focuses his practice on labor & employment law. Board Certified in Labor & Employment Law by the Texas Board of Legal Specialization, Jeff has represented employers in litigated employment matters in state and federal courts, arbitration proceedings, and before administrative agencies on a wide variety of issues, including claims of discrimination, harassment, retaliation, and failure to accommodate; wage and hour disputes; breaches of fiduciary duties; defense and enforcement of covenants not to compete and nonsolicitation agreements; OSHA complaints; misappropriation of trade secrets; and non-subscriber cases.
Jeff also has experience advising employers regarding issues involving numerous aspects of the employer/employee relationship, including drafting and revising employment contracts, policies, and procedures; compliance with federal and state law in hiring, including under the Fair Credit Reporting Act and state and federal antidiscrimination laws; internal investigations; leaves of absence under the Family Medical Leave Act (FMLA); reasonable accommodation issues under the Americans with Disabilities Act (ADA); and separations and disciplinary actions.
Jeff also has experience with general business litigation and dispute resolution, including breach of contract, statutory and common law fraud, violations of the Texas Deceptive Trade Practices Act, and violations of the Texas Insurance Code.
Jeff is well versed in the numerous issues stemming from the COVID-19 outbreak, such as the Families First Coronavirus Response Act (FFCRA), the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), stay-at-home and related orders, and all of their impacts on employers, employees and independent contractors, including critical infrastructure and essential services determinations, paid and unpaid leave, layoffs, pay reductions, reduced hours, furloughs, downsizings, expanded unemployment, and their interaction with numerous local, state and federal laws and regulations. Many of these issues have significant interactions with employee benefits, tax, Small Business Administration, and other issues, where we collaborate closely with our colleagues experienced in those practice areas.
Title VII & Related Tort Claim Experience (Discrimination, Harassment, Retaliation, Intentional Infliction of Emotional Distress Claims)
Trade Secret, Non-Competition, Non-Solicitation Experience
Wage and Hour (FLSA) Experience
FMLA/ADA Experience
Transactional Experience
General Business Litigation & Dispute Resolution Experience