Carrie B. Hoffman. Co-Chair, Labor and Employment and Retail, Partner, Labor and Employment. Experience
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1 Carrie B. Hoffman Co-Chair, Labor and Employment and Retail, Partner, Labor and Employment Carrie Hoffman represents and counsels major employers nationwide in all areas of labor and employment disputes across a wide range of industries, including retail. Carrie is highly regarded for her experience with wage and hour issues, as well as discrimination and retaliation claims. She regularly reviews and drafts employment agreements such as covenants not to compete and advises clients on a wide variety of labor and employment issues, such as: Workplace safety Harassment Union avoidance and election campaigns Leaves of absence Hiring, termination and severance policies and procedures Litigation avoidance Carrie has defended clients throughout the U.S. in major litigation, at both the federal and state court level, including class and collective actions. She also represents employers in investigations and audits by agencies such as the Equal Employment Opportunity Commission, Texas Workforce Commission, the National Labor Relations Board and the Department of Labor. Clients have a high regard for Carrie s knowledge of wage and hour laws, as well as her practical approach to problem solving and direct manner. Experience Represented client in an age discrimination suit Defending a trucking company in a nationwide FLSA collective action in which the plaintiffs allege they were improperly denied minimum wage because they drive and sleep in their trucks Represented a hospitality sector client in a Department of Labor Wage and Hour Division audit Assisted a Texas-based corporation in an election campaign against the Machinists and Aerospace Workers union Represented major food producer in multiple wage and hour matters across the U.S., including an ongoing Department of Labor audit at client s facility; claims were ultimately stayed due to bankruptcy Represented Unit Drilling Co. in litigation with OSHA following citations issued alleging serious violations regarding electrical hazards; Department of Labor withdrew citations and dismissed the lawsuit against Firm client Defended Texas-based AOC Senior Home Health Corp. in a purported collective action involving overtime pay Represented software company in a harassment and retaliation t f choffman@gardere.com Dallas 3000 Thanksgiving Tower 1601 Elm Street Dallas, Texas t f Industries Internet, ecommerce and Technology Private Equity Retail Practices Class Action Discrimination and Harassment Labor Relations Labor and Employment Litigation Non-Competition, Trade Secret and Unfair Competition Wage and Hour/Fair Labor Standards Act Counseling and Disputes Workplace Safety/Occupational Safety and Health Administration Education J.D., The University of Texas School of Law, with honors (1993) B.A., Baylor University, magna cum laude (1990)
2 suit Defended Trinity Clinic in an alleged breach of contract action filed by one of its physicians; Firm s client ultimately prevailed at the hearing and matter was resolved to each party's satisfaction Defended ACE Cash Express in a purported class action filed, alleging that client had failed to properly provide meal and rest breaks to retail employees under California law Represented Braches Confections Inc. and an individual against allegations that the company had wrongfully hired the individual in violation of his noncompete agreement, majority of relief sought by plaintiff denied and case ultimately settled Represented Linens 'N Things, Inc. in nationwide collective action under the Fair Labor Standards Act, resulting in favorable outcome for client Represented an employer against charges of racial discrimination and harassment Unfair labor practice charge dismissed Professional & Community Professional Affiliations Member, State Bar of Texas Board Certified, Labor and Employment Law, Texas Board of Legal Specialization Member, Dallas Bar Association Member, Wage and Hour Defense Institute Honors & Awards Recognized, The Best Lawyers in America (Steven Naifeh & Gregory White Smith eds., Woodward/White Inc.) Employment Law Management ( ) Litigation Labor & Employment ( ) Recognized, Best Lawyers in Dallas, D Magazine Labor & Employment (2016) Recognized, Texas Super Lawyers, a Thomson Reuters business, as published in Texas Monthly Employment & Labor ( ) Recognized, The Best Lawyers Under 40 in Dallas, D Magazine (2004) Recognized, AV Preeminent 5.0 out of 5 Peer Review Rated, Martindale-Hubbell PEER REVIEW RATINGS Community Involvement Graduate, Dallas Regional Chamber, Leadership Dallas (2012) Member, Big Thought Former Director Former Chair, Human Resources Committee Member, Operations Committee
3 Member, Legal & Risk Management Committee Former Co-Chair, Parish Episcopal School Spring Picnic (2007, 2008) Former Secretary, Parent Teacher Organization, JCC Preschool (2004) Graduate, Leadership Arts Institute (2003, 2004) Admissions Texas State Courts (1993) U.S. District Courts for the Eastern, Northern, Southern and Western Districts of Texas U.S. District Court for the District of Arizona (1996) U.S. District Court for the District of Colorado (1997) U.S. Court of Appeals for the Fifth Circuit (1996) Speaking Engagements Oct. 6-7, 2014 Gardere Partner Carrie Hoffman to Speak on Agency Enforcement Efforts at The HRSouthwest Conference Conference After Re-Election: The Obama Administration's Agency Enforcement Efforts The HRSouthwest Conference Legal Exchange - Benefits Compliance The HRSouthwest Conference Deal Structure Gardere M&A Toolbox FLSA in Texas: Special Issues GardereCLE Employee Handbooks - What They Can and Cannot Do For Your Company NRF HR Summit Curbing FMLA Abuse Webinars / Podcasts New FLSA Regulations and How They Impact Your Business Gardere Webinar Harassment and Discrimination in Hotels Gardere Webinar Curbing FMLA Abuse
4 Gardere Webinar Breastfeeding in the Workplace CW33 Podcast Blogs New Overtime Rules To Be Announced Wednesday Much Awaited Wage and Hour Rules Announced DOL Issues Proposed Changes to Threshold of Salary Basis Test - $970/week from $455/week President's Recess Appointments Exceed Authority Based on Supreme Court Decision President Obama to Issue Executive Order on LGBT Workplace Protections UPDATE: Changes to FLSA Exemptions Obama Proposes Sweeping Changes to FLSA Exemptions th Circuit Rejects NLRB s Position on Class/Collective Action Waivers Football Imitates Employment Law What Employers Should Know About Sexual Orientation Discrimination Yahoo! Takes A Step Back No Telecommuting? Will Mayer Show Us How To Have it All Courts Foil NLRB Again
5 No Such Thing as a Free Intern Appellate Court Issues Injunction Against NLRB Poster Requirement Recent Happenings on EEOC s Systemic Discrimination Initiative DOL Focuses on Rulemaking Agenda What does this mean? Houston Court Rejects Lactation Discrimination Claim Roundtable Sparks FLSA Discussion DOL Wage and Hour App HR Resolutions Alerts Fifth Circuit Rejects NLRB's Position on Class/Collective Action Waivers FTC Proposes Green Guideline Amendments Curbing FMLA Abuse Webinar Publications Airline Pilots Highlight Employer Pregnancy Obligations Law Carrie B. Hoffman Suggests Recordkeeping, Litigation Strategies for Employers Bloomberg BNA Will 2010 Be the Year that ENDA Passes? Dallas Business Journal Challenges to Independent Contractor Mislabelling National Law Journal Labor & Employment Special Report Understanding FLSA and the Collective Action Process
6 In-House Texas News Carrie Hoffman Discusses Recent US Supreme Court Decision on Constructive Discharge Claims Carrie Hoffman Discusses Issues of Workplace Accommodations for Pregnant Workers Law 360 Features Comments from Partner Carrie Hoffman on EEOC vs. Abercrombie & Fitch Stores Inc Law360 Features Comments From Carrie Hoffman on UPS Pregnancy Discrimination Ruling Partner Carrie Hoffman Comments on UPS Driver Pregnancy Discrimination Suit Partner Carrie Hoffman Discusses the Americans With Disabilities Act with American Express Carrie Hoffman Comments on the 5th Circuit's Breast-Pumping Discrimination Ruling Partner Carrie Hoffman Chimes in on Debate Over Former Employee's Airfare Off-The-Clock Demands Risky During Holidays DBJ Talks Politics in the Workplace with Partner Carrie Hoffman Partner Carrie Hoffman Talks Social Media with KLIF Potential for 'Electronic Overtime' Suits Discussed on American Express OPEN Forbes Discusses Breastfeeding at Work with Partner Carrie Hoffman Partner Carrie Hoffman Talks FLSA with Androvett CareerDiva Features Partner Carrie Hoffman on Breastfeeding in the Workplace Carrie Hoffman Discusses Legal Protection for Breast-Feeding Moms with NBC s Today Summer Hiring Partner Carrie Hoffman Featured in Texas Lawyer
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