Kimberly F. Williams

Kimberly Williams focuses her practice exclusively on labor and employment law. She has experience representing employers in employment litigation matters involving claims of discrimination, harassment, retaliation and wrongful discharge. Kimberly also represents clients in enforcing and defending against non-competition, non-solicitation and non-disclosure agreements and in litigation concerning claims of unfair competition, misappropriation of trade secrets and breach of contract. She also has experience representing employers before various state and federal administrative agencies, including the Texas Workforce Commission, Equal Employment Opportunity Commission, Department of Labor, Office of Administrative Law Judges and Administrative Review Board. Kimberly provides employment counseling and advice to clients on a variety of matters, including hiring, firing and other disciplinary action, wage and hour issues, leave issues and compliance with federal and state employment-related laws and regulations. Kimberly regularly conducts employment law-related training, including providing anti-discrimination and anti-harassment training, employment law “best practices” and training specifically geared to management and supervisors. 

Kimberly 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.

• Defended individual and collective action claims for unpaid overtime and misclassification of employees in numerous industries, including food services and oilfield services
• Defended various clients in U.S. Department of Labor FLSA and FMLA investigations
• Counseled numerous clients on wage and hour compliance and conducted internal wage and hour audits involving independent contractor issues, exempt vs. non-exempt classifications, travel time, work from home, pay-related policies, flexible workweek method of payment, and other minimum wage and overtime issues
• Defended employers in a variety of industries before the U.S. Department of Labor, the Office of Administrative Law Judges and the Administrative Review Board involving claims for whistleblower retaliation under the Sarbanes-Oxley Act
• Represented employers in a variety of industries, including insurance, consulting, manufacturing, distributing, healthcare, retail, higher education, and construction, in cases involving claims of age, sex, race, and disability discrimination, harassment, retaliation, and various state law claims
• Defended employers in cases involving violations of constitutional rights
• Represented employers in appeals at the state and federal level, including the United States Court of Appeals for the Fifth Circuit and the Court of Appeals for the Fifth District of Texas
• Represented employers in numerous cases involving violations of the Fair Labor Standards Act and the Texas Payday Act
• Represented numerous employers in EEOC proceedings and obtained "no cause" determinations
• Represented employers in unemployment compensation hearings with the Texas Workforce Commission
• Represented both employers and employees in cases involving covenants not to compete, misappropriation of trade secrets, and unfair competition
• Counseled clients regarding enforceability of non-competition, non-solicitation, and non-disclosure agreements
• Counseled clients regarding compliance with the Family and Medical Leave Act and the Americans with Disabilities Act
• Conducted human resource audits including wage and hour audits and I-9 audits
• Counseled clients regarding plant closings and layoffs, including compliance with the WARN Act
• Conducted internal investigations of harassment and discrimination claims
• Drafted and reviewed numerous employee handbooks and employment policies
• Assisted in a variety of corporate transactions, including employment-related due diligence
• Drafted executive employment agreements and executive severance agreements for companies in a variety of industries
• Advised clients regarding compliance with the Service Contract Act and EO 11246