Russell D. Cawyer

Biography

Russell D. Cawyer is a partner in the firm’s Labor and Employment practice group. He received his juris doctor, 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.

Mr. Cawyer’s practice focuses exclusively on labor and employment-related legal matters, including litigation in federal and state courts; administrative proceedings before the Equal Employment Opportunity Commission, United States Department of Labor, the Texas Workforce Commission - Civil Rights Division, the National Labor Relations Board (including defending both charges of unfair labor practices and representation election proceedings); and proceedings before the Occupational Safety and Health Administration and other state fair employment practices agencies.

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. Mr. Cawyer is a frequent author and speaker on human resource, employee relations and labor and employment law developments. He has been board certified in Labor and Employment Law by the Texas Board of Legal Specialization since 2000.

In 2005, 2006, 2007, 2008 and 2009, Texas Monthly recognized Mr. Cawyer as a "Rising Star" in Labor and Employment Law, an honor bestowed annually to only 2.5% of all Texas attorneys. Similarly, he was named one of Fort Worth’s Top Labor and Employment Lawyers in Fort Worth, Texas magazine from 2004 through 2008. He also has been recognized as a "Forty Under Forty" honoree by the Fort Worth Business Press. Most recently, he was named a Texas Super Lawyer by Texas Monthly  magazine. He is also the publisher of the Texas Employment Law Update.  Russell and his wife have two sons and a daughter.

Education & Honors

• University of North Texas, B.S., cum laude, 1992
• Texas Tech University School of Law, J.D., cum laude, 1995
  • Texas Tech Law Review, Note Editor
• Board Certified, Labor and Employment Law, Texas Board of Legal Specialization, since 2000
• Recognized as a "Rising Star" in Texas Labor and Employment Law by Texas Law and Politics and Texas Monthly, 2005 -  2009
• Selected as a "Top Attorney" in Texas Labor and Employment Law by Fort Worth, Texas Magazine, 2004-2009
• Fort Worth Business Press Forty Under Forty honoree
• Recognized as a Texas "Super Lawyer" by Law and Politics, 2009
• Rated AV® by Martindale-Hubbell  "Peer Review Rated"

Admission & Affiliations

• Supreme Court of Texas
• U.S. District Court, Western District of Texas
• U.S. District Court, Southern District of Texas
• U.S. District Court, Northern District of Texas
• U.S. Court of Appeals, Fifth, Ninth and Tenth Circuits 
• U.S. District Court, Eastern District of Michigan
• American Bar Association 
• Tarrant County Bar Association
• State Bar of Texas, Labor and Employment Law Division
• Personnel Committee, YWCA

Significant Matters

• McIver v. American Eagle Airlines, Inc., 4:08-CV-740-A, In the United States District Court for the Northern District of Texas (January 19, 2010) (Lead trial attorney obtaining a defense verdict in the jury trial of an discrimination claim filed by former employee)
• Rodriguez v. American Eagle Airlines, Inc., Cause No. 2008-541,950, 99th Judicial District Court, Lubbock, County, Texas (July 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 Moorning 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. Spp.-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 defentant's motion for summary judgment on state whistleblower and public policy wrongful termination claims)
• Griffin v. EFW, Inc., 2004 WL 906393 (N.D. Tex., Mar 4, 2004) (opinion granting employer's motion to dismiss FMLA Claims)
• Griffin v. EFW, 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)

Publications & Speeches

• Publisher of the Texas Employment Law Update (www.texasemploymentlawupdate.com).
• “Protecting Confidential and Trade Secret Information,” Advanced Oil, Gas and Energy Resources Law Course, Texas Bar Association, September 30 -October 1, 2004, San Antonio Texas.
• “Workplace Technology: Achieving a Symbiotic Relationship Between Business Interests and Employee Privacy,” Kelly, Hart & Hallman, P.C. 2001 Labor & Employment Law Conference, 2001.
• “The Americans with Disabilities Act,” Kelly, Hart & Hallman, P.C. 2001 Labor & Employment Law Conference, 2001.
• “Batson and its Progeny Prohibit the Use of Peremptory Challenges Based Upon Disability and Religion: A Practioner's Guide for Requesting a Civil-Batson Hearing,” 26 Tex. Tech. L. Rev. 109, 1995.
• “Using Alternative Dispute Resolution (ADR)Procedures to Resolve Employment Disputes,” Strasburger & Price, L.L.P.'s 1999 Corpus Christi Client Seminar on Developments in Labor and Employment Law, 1999.
• “Defending Employment Discrimination, Retaliation and Harassment Claims,” Southwestern Legal Foundation's 45th Annual Institute on Labor and Employment Law, 1998.