Russell D. Cawyer

BIOGRAPHY

Russell D. Cawyer is a partner and chairs the firm’s Labor and Employment practice. He received his J.D., cum laude, from Texas Tech University School of Law, where he also served as a note editor on its law review. Mr. Cawyer received his Bachelor of Science, cum laude, from the University of North Texas.

Additionally, Mr. Cawyer has defended employers in multiple complex wage, hour, and benefit class actions having nearly 20,000 total putative class members. He also has litigated both federal and state court cases involving numerous workplace claims, including, among others, alleged discrimination, harassment and retaliation, workers’ compensation retaliation, breach of contract, and the enforceability of numerous covenants-not-to-compete. Mr. Cawyer’s defense of employers has included both successful jury and bench trials.

Mr. Cawyer regularly advises employers on employment issues involving federal and state court cases alleging discrimination and sexual harassment. He has litigated employment cases and arbitrated matters arising under collective bargaining agreements. He is a frequent author and speaker on human resources, employee relations, labor, and employment law developments. He has been board-certified in Labor and Employment Law by the Texas Board of Legal Specialization since 2000.

U.S. News and World Reports included Mr. Cawyer on The Best Lawyers in America® ranking every year since 2015. In addition, from 2005 through 2009, he was named a Texas Super Lawyer Rising Star and was similarly named a Texas Super Lawyer every year since 2009; both lists are published in Texas Monthly magazine by Thomson Reuters. His peers also voted Mr. Cawyer among the city’s best attorneys in polls conducted by Fort Worth Magazine, and 360 West magazine. He also has been recognized as a 40 Under 40 honoree by the Fort Worth Business Press.

Mr. Cawyer is the publisher of the Texas Employment Law Update.

EXPERIENCE AND HIGHLIGHTS

• Goesling v. American Airlines, Inc., 342-314565-20, 352nd Judicial District Court, Tarrant County, Texas (May 12, 2022) (obtained defense jury verdict in multi-week sexual assault case filed by flight attendant and seeking $26.5M in damages)
• Michalak v. BNSF Railway Co., 96-299451-18, 96^th Judicial District Court, Tarrant County, Texas (Nov. 11, 2021) (obtained defense jury verdict in an age discrimination case filed by former employee seeking $2.2M)
• McIver v. American Eagle Airlines, Inc., 4:08-CV-740-A, In the United States District Court for the Northern District of Texas (Jan. 19, 2010) (lead trial attorney obtaining a defense verdict in the jury trial of an age discrimination claim filed by former employee)
• Rodriguez v. American Eagle Airlines, Inc., Cause No. 2008-541,950, 99th Judicial District Court, Lubbock, County, Texas (Jul. 2, 2009) (Lead trial attorney obtaining defense verdict in jury trial of age, sex and race discrimination and retaliation claims filed by former employee)
• Franco v. Pier 1 Imports (U.S.), Inc., 2008 WL 4217848 (C.D. Cal, Sept. 11, 2008) (opinion granting summary judgment in breach of contract and disability discrimination case applying California State law)
• Pitts v. Electrical Power Systems, Inc., 2008 WL 2364998 (N.D. Okla., Jun. 6, 2008) (opinion granting motion to dismiss on private whistleblower cause of action under Oklahoma law)
• Vasconcellos v. Pier 1 Imports (U.S.), Inc., 2008 WL 4601036 (D.R.I. Apr. 28. 2008) (opinion granting summary judgment in pregnancy discrimination case under Title VII and Rhode Island law)
• Bingham v. Southwestern Bell Yellow Pages, Inc., 2008 WL 163551 (Tex. App.-Fort Worth Jan. 18. 2008) (opinion affirming summary judgment against employee in defamation case against his employer)
• Abd-Al-Matiyn v. Thos Byrne Construction, 2007 WL 2379590 (N.D. Tex. Aug. 20, 2007) (opinion granting summary judgment in race discrimination and failure to hire claim)
• Yeoman v. Blackmon Mooring Steamatic of San Antonio, 2006 WL 3514593 (W.D. Tex Dec. 5, 2006) (opinion granting summary judgment on former employees FLSA, conversion and public policy wrongful discharge claims)
• Cox v. Nextiraone, 169 S.W.3d 778 (Tex. Supp.-Dallas 2005, no writ) (affirming summary judgment in worker’s compensation retaliation where plaintiff sought over $2.8 million in damages)
• Golston v. American Airlines, Inc., 2004 WL 1969842 (N.D. Tex., Sept. 7, 2004) (opinion granting defendant’s motion for summary judgment on race discrimination and intentional infliction of emotional distress claims based on Railway Labor Act preemption)
• Brown v. Sabre Inc., et al., 173 S.W.3d 581 (Tex. App.-Fort Worth, no writ) (affirming summary judgment for employer in putative class action over failure to pay accrued but unused vacation upon separation of employment)
• Serrin-Brandel v. Pier 1 Imports (U.S.), Inc., 2004 WL 1212205 (E.D. Mich., May 19, 2004) (opinion granting defendant’s motion for summary judgment on state whistleblower and public policy wrongful termination claims)
• Griffin v. E.F.W., Inc., 2004 WL 906393 (N.D. Tex., Mar. 4, 2004) (opinion granting employer’s motion to dismiss FMLA Claims)
• Griffin v. E.F.W., Inc., 2004 WL 1898254 (N.D. Tex., Aug. 23, 2004) (NO. 4:04-CV-314-A) (opinion granting defendant’s motion to dismiss Griffin II’s FMLA Claims)

AFFILIATIONS

• State Bar of Texas, Labor and Employment Law Section
• Texas Bar Foundation, Fellow
• Tarrant County Bar Foundation, Fellow
• Tarrant County Bar Association, Labor & Employment Law Section
  • Secretary, 2010-2011
• Board Certified, Labor and Employment Law, Texas Board of Legal Specialization
  • 2000-present

HONORS

• Best Lawyers in America®, U.S. News & World Report, 2015-2025
  • Employment Law – Management
  • Labor Law – Management
  • Litigation – Labor & Employment
• Best Lawyers® Employment Law Issue, 2021-2025
  • Employment Law – Management
  • Labor & Employment
  • Labor Law – Management
  • Labor & Employment – Litigation
• Texas Super Lawyers, Thomson Reuters, 2009-2024
  • Employment & Labor Law
• Top Attorney, 360 West magazine, 2017-2024
  • Labor & Employment
  • Worker’s Compensation
• Top Attorney, Fort Worth Magazine, 2004-2024
  • Labor & Employment
• Top 100 Dallas/Fort Worth Super Lawyers, Thomson Reuters, 2020
• Texas Super Lawyers Rising Star in Texas, Thomson Reuters, 2005-2009
  • Employment & Labor
• 40 Under 40 honoree, Fort Worth Business Press
• Rated AV® by Martindale-Hubbell  “Peer Review Rated” 

EDUCATION

• Texas Tech University School of Law, J.D., cum laude, 1995
• Texas Tech Law Review, Note Editor
• University of North Texas, B.S., cum laude, 1992

ADMISSIONS

• State Bar of Texas, 1995
• U.S. Court of Appeals, Fifth Circuit
• U.S. Court of Appeals, Ninth Circuit
• U.S. Court of Appeals, Tenth Circuit
• U.S. District Court, Western District of Texas
• U.S. District Court, Eastern District of Texas
• U.S. District Court, Southern District of Texas
• U.S. District Court, Northern District of Texas
• U.S. District Court, Eastern District of Michigan

SPEECHES & PUBLICATIONS

• Author, “DOL Publishes Final Rule Raising Salary Basis Threshold for Many Overtime Exemptions,” Blog, Texas Employment Law Update, April 2024
• Author, “U.S. Supreme Court Clarifies When Job Transfers May Violate Title VII of the Civil Rights Act,” Blog, Texas Employment Law Update, April 2024
• Author, “U.S. Supreme Court Clarifies “Cost” Burden for Employer Showing of Undue Hardship under Title VII,” Blog, Texas Employment Law Update, July 2023
• Author, “Texas Supreme Court Holds Morbid Obesity, Unconnected to Physiological Disorder or Condition, Is Not a Disability,” Blog, Texas Employment Law Update, July 2023
• Author, “Texas Passes CROWN Act Prohibiting Racial Discrimination in Hairstyles,” Blog, Texas Employment Law Update, May 2023
• Author, “NLRB Finds Nondisparagement and Confidentiality Provisions Found in Many Severance Agreements Unlawful,” Blog, Texas Employment Law Update, April 2023
• Author, “Fifth Circuit Remands Title VII Case to Consider if EEOC’s Two Right to Sue Notices Misled Employee,” Blog, Texas Employment Law Update, April 2023
• Author, “Employers Not Ordinarily Required to Provide Competition-Free Transfers to Disabled Employees as Reasonable Accommodation Absent Special Circumstances Says Fifth Circuit,” Blog, Texas Employment Law Update, March 2023  
• Co-Author, “FTC Proposes Banning Noncompetition Agreements with Employees, ” Blog, Texas Employment Law Update, January 2023
• Author, “Lack of Employer Signature on Arbitration Agreement Not Necessarily Fatal to Arbitration Enforcement, ” Blog, Texas Employment Law Update, January 2023
• Author, “Expanded Accommodations for Women with Need to Express Breast Milk at Work,” Blog, Texas Employment Law Update, January 2023
• Author, “Pregnant Employees Get Additional Protections in Congress’ Omnibus Spending Bill,” Blog, Texas Emloyment Law Update, December 2022
• Author, “The Robots are Coming,” Blog, Texas Employment Law Update, December 2022
• Author, “Texas Supreme Court Holds Discovery of Cell Phone Data Limited to Time When Cell Phone Use Could be Contributing Cause of Incident,” Blog, Texas Employment Law Update, December 2022
• Co-Author, “Diversity Initiatives that Grant Advantages to Underrepresented Groups Can Give Rise to Discrimination Claims, ” Blog, Texas Employment Law Update, December 2022
• Co-Author, “DOL Increasing Focus on Staffing Agencies and Health Care Practices’ Misclassifying Workers as Independent Contractors,” Blog, Texas Employment Law Update, December 2022
• Co-Author, “Texas Employers Can Pay Employees in Bitcoin, But Why Should They? A Sequel,” Blog, Texas Employment Law Update, November 2022
• Author, “Fortune 50 Company Recommendations to Improve Anti-Harassment & Non-Discrimination Policies and Practices,” Blog, Texas Employment Law Update, November 2022
• Author,  “How to Know the Defense of your Racial Discrimination Claim is Failing? The Jury asks for a Calculator,” Blog, Texas Employment Law Update, November 2022
• Author, “Avoid the Holiday Party Human Resources Hangover,” Blog, Texas Emplyment Law Update, November 2022
• Author, “Employee Time Off to Vote on Election Day in Texas,” Blog, Texas Employment Law Update, October 2022
• Author, “Employers Should Update their EEOC “Know your Rights” Posters,” Blog, Texas Employment Law Update, October 2022
• Speaker, “Legislative Changes in the #MeToo Era,” Tarrant County Bar Association’s Court Staff Appreciation Seminar Series, July 2022
• Author, “COVID-19 is not a Natural Disaster under WARN,” Blog, Texas Employment Law Update, June 2022
• Author, “It Just Got Easier to Waive Arbitration,” Blog, Texas Employment Law Update, June 2022
• Co-Author, “Federal Arbitration Act Amended to Preclude Mandatory, Predispute Arbitration Agreements of Sexual Assault, Harassment Disputes | Texas Employment Law Update,” March 2022
• Author, “Learning from the Mistakes of Others,” Blog, Texas Employment Law Update, December 2021
• Co-Author, “Answering 10 Questions About OSHA’s Emergency Vaccine Mandate for Employers,” Blog, Texas Employment Law Update, November 2021
• Author, “Governor Abbott Issues Executive Order Prohibiting Vaccine Mandates,” Blog, Texas Employment Law Update,October 2021
• Author, “Federal Vaccine Testing Mandate for Large Employers is not Workable,” Blog, Texas Employment Law Update, September 2021 
• Author, “Biden Directs OSHA to Issue Emergency Standard Mandating Large Employers Require COVID-19 Vaccinations of Workforce or Weekly Testing,” Texas Employment Law Update, September 2021
• Author, “Employers Overcoming Reservations about Requiring COVID Vaccination as a Condition of Employment,” Blog, Texas Employment Law Update, August 2021
• Author, “Employers Considering Options to Increase Vaccination Rates of their Workforces,” Blog, Texas Employment Law Update, July 2021
• Author, “Texas Employees Can Reject Suitable Work and Maintain Unemployment Benefits,” Blog, Texas Employment Law Update, May 2020
• Author, “Texas Employees Who Refuse to Return to Work May Lose Unemployment Benefits,” Blog, Texas Employment Law Update, April 2020
• Author, “D.O.L. Issues Temporary Regulations on Emergency Paid Sick Leave and Emergency FMLA Expansion Acts,” Blog, Texas Employment Law Update, April 2020
• Author, “CARES Act Establishes Low Interest/Forgivable Loans For Small Businesses to Weather the COVID-19 Crisis,” Blog, Texas Employment Law Update, March 2020
• Author, “City of Fort Worth Issues Disaster Declaration Closing all Non-essential Businesses for COVID-19,” Blog, Texas Employment Law Update, March 2020
• Author, “House Passes Bill to Amend FMLA for COVID-19 Related Leaves of Absence,” Blog, Texas Employment Law Update, March 2020
• Author, “House Passes Bill to Amend FMLA for COVID-19,” Blog, Texas Employment Law Update, March 2020
• Speaker, “Getting Ready for the Dallas Paid Sick Leave Ordinance,” Gus Bates Lunch & Learn, January 2020
• Author, “San Antonio Paid Sick Leave Law Scheduled to Take Effect Aug. 1, 2019,” Blog, Texas Employment Law Update, 2019
• Author, “Employers in Dallas and San Antonio Prepare for Paid Sick Leave,” Blog, Texas Employment Law Update, 2019
• Author, “U.S. Supreme Court Invalidates Arbitration Agreements of Interstate Truck Drivers,” Blog, Texas Employment Law Update, 2019
• Author, “Texas Employees Beware: CBD Oil Remains Illegal in Texas,” Blog, Texas Employment Law Update, 2019
• Author, “Fifth Circuit Affirms Summary Judgment for Employer in Transgender Title VII Case,” Blog, Texas Employment Law Update, 2019
• Author, “San Antonio Passes Ordinance Requiring Private Employers to Provide Paid Sick Leave,” Blog, Texas Employment Law Update, 2018
• Author, “Austin Court of Appeals Temporarily Enjoins Austin Sick Leave Ordinance,” Blog, Texas Employment Law Update, 2018
• Author, “U.S. Department of Labor Revises and Clarifies Unpaid Intern Test,” Blog, Texas Employment Law Update, 2018
• Author, “New Tax Law Limits Deductibility of Sexual Harassment and Abuse Settlements Containing Nondisclosure Provisions,” Blog, Texas Employment Law Update, December 2017
• Author, “New Lawsuit Claims Companies Discriminate Against Older Workers in Facebook Job Placement Advertising,” Blog, Texas Employment Law Update, 2017
• Co-Author, “Employers Using Biometric Systems to Track Hours Must Dot Their I’s and Cross Their T’s,” Blog, Texas Employment Law Update, 2017
• Author, “Fifth Circuit Holds That Telecommuting Not a Reasonable Accommodation Because Regular In-Office Work Was Essential Job Function of Litigation Attorney,” Blog, Texas Employment Law Update, 2017
• Featured Speaker, Mid-Cities Human Resources Association Roundtable Employment Seminar on the Fair Labor Standards Act, “Current Developments and What You Need to Know for 2017-2018,” 2017
• Author, “Texas Supreme Court Holds Defendant Attorney Fee Data Not Normally Discoverable,” Blog, Texas Employment Law Update, 2017
• Author, “Two Day Unpaid Suspension Not a Materially Adverse Action in Title VII Retaliation Case,” Blog, Texas Employment Law Update, 2017
• Author, “Every day is Take Your Dog to Work Day: EEOC Sues Employer Alleging Ban on Service Dog at Workplace,” Blog, Texas Employment Law Update, 2017
• Author, “New Developments in Employee Hiring and Noncompetition,” Blog, Texas Employment Law Update, 2016
• Author, “Texas Employers May Be Required to Provide Employees Time Off to Vote,” Blog, Texas Employment Law Update, 2016
• Co-Author, Exxon Mobil Corp. v. Drennen. SBOT Corporate Counsel Section Newsletter, Fall 2014.
• Co-Author, Jury Waivers Are Alternatives to Arbitration Agreements. Texas Lawyer. Dec. 3, 2012.
• Speaker, Berkshire Hathaway’s Annual Human Resources Seminar on recent developments to the Family and Medical Leave Act and Americans with Disabilities Act, May 2011
• Speaker, Tarrant County Bar Association’s Labor and Employment Section on the recent Texas Supreme Court’s Pro-Enforcement Trend in the area of non-competition law, August 2011
• Publisher of the Texas Employment Law Update (www.texasemploymentlawupdate.com)
• Speaker, “Protecting Confidential and Trade Secret Information,” Advanced Oil, Gas, and Energy Resources Law Course, Texas Bar Association, Sept. 30 -Oct. 1, 2004, San Antonio Texas
• Speaker, “Workplace Technology: Achieving a Symbiotic Relationship Between Business Interests and Employee Privacy,” Kelly, Hart & Hallman, P.C. 2001 Labor & Employment Law Conference, 2001
• Speaker, “The Americans with Disabilities Act,” Kelly, Hart & Hallman, P.C. 2001 Labor & Employment Law Conference, 2001
• Author, “Batson and its Progeny Prohibit the Use of Peremptory Challenges Based Upon Disability and Religion: A Practitioner’s Guide for Requesting a Civil-Batson Hearing,” 26 Tex. Tech. L. Rev. 109, 1995
• Speaker, “Using Alternative Dispute Resolution (A.D.R.) Procedures to Resolve Employment Disputes,” Strasburger & Price, L.L.P.’s 1999 Corpus Christi Client Seminar on Developments in Labor and Employment Law, 1999
• Speaker, “Defending Employment Discrimination, Retaliation and Harassment Claims,” Southwestern Legal Foundation’s 45th Annual Institute on Labor and Employment Law, 1998