People: Austin J. Brayley, Associate
Austin J. Brayley
Direct: (713) 238-1863
Fax: (713) 821-0706
J.D., George Washington University Law School (2011)
B.A., Brigham Young University (2008)
- District of Columbia
- U.S. Court of Appeals for the Fifth Circuit
- All Texas, District of Columbia, Maryland, and Virginia state courts
- U.S. District Court for the Eastern, Northern, Southern, and Western Districts of Texas
- U.S. District Court for the Northern District of Mississippi, pro hac vice
American Bar Association
- Virginia Bar Association (Labor Relations and Employment Law Section)
- Houston Bar Association (Labor & Employment and Appellate Law Sections)
- The Federalist Society for Law and Public Policy Studies
- J. Reuben Clark Law Society
- Successfully defended industrial manufacturing employer against National Labor Relations Board unfair labor practice charge and obtained dismissal of all claims following two-day administrative trial.
- Defended nationwide retail company against class action Fair Credit Reporting Act lawsuit brought by employees and applicants.
- Defended employers in various industries against donning and doffing, off-the-clock, automatic time deduction, waiting time, and misclassification Fair Labor Standards Act single-plaintiff and collective action lawsuits.
- Represented employers in Department of Labor audits and U.S. Equal Employment Opportunity Commission on-site investigations.
- Defended employers against over 100 administrative discrimination charges filed with the U.S. Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, and state and local fair employment practice agencies including the Texas Workforce Commission, the California Department of Fair Employment and Housing, the Fairfax (Virginia) County Human Rights Commission, the Illinois Department of Human Rights, the Iowa Civil Rights Commission, the Maryland Commission on Human Rights, the Massachusetts Commission Against Discrimination, the Nebraska Equal Opportunity Commission, the New York State Division on Human Rights, the North Carolina Department of Labor, the Ohio Civil Rights Commission, the Pennsylvania Human Relations Commission, the Sioux Falls (South Dakota) Human Relations Commission, the South Dakota Department of Labor and Regulation, the Utah Labor Commission, and the Wisconsin Department of Workforce Development.
- Advised clients on unfair labor practices and collective bargaining rights under the National Labor Relations Act.
- Advised human resources professionals and company executive officers on employment law issues concerning Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act, the Fair Labor Standards Act, and equivalent state statutes.
- Drafted state legislative proposals designed to protect employers’ interests and improve the climate for business growth and job creation.
- Prosecuted and defended actions seeking to enforce restrictive covenants and trade secrets agreements.
- Prepared employee handbooks, employment applications, employment policies, and non-competition, non-solicitation, confidentiality, and separation agreements.
- Provided management training and other client-requested presentations on labor relations, internal investigations, human resources policies, and cutting-edge employment law issues.
- Performed compliance audits and advised clients on compliance with the Fair Credit Reporting Act and state consumer and criminal background check laws.
- Advised clients on compliance with the Worker Adjustment and Retraining Notification Act and similar state statutes relating to mass layoffs. Advised clients on state wage payment, employee privacy, and drug testing laws.
- Case update presentation on strategic use of Rule 68 offers of judgment in FLSA collective actions under recent Supreme Court precedent, Houston Bar Association Labor & Employment Section, Houston, TX (February 2016)
- Co-Author, “Extended Leave Under the Americans with Disabilities Act: How Long is Too Long?,” On the Cusp (digital law journal presented by the University of North Texas College of Law) (publication forthcoming)
- Co-Author, "Clarifying Employer Misconceptions About Texas’ New “Open Carry” Gun Law," One Minute Memo, Seyfarth Shaw LLP (March 21, 2016)
- “Beyond Bakke: Explaining the Anti-Affirmative Action Movement of the 1990s,” The Thetan: A Student Journal for Scholarly Historical Writing (2009)