The Mullen Firm PLLC

Posted on Sep 10, 2019

Thanks to my peers for again nominating me to Thomson Reuters' Texas Super Lawyers list! I am grateful to all who ranked me among the top Employment & Labor lawyers in Texas!

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Testimonials

11 months ago

I have been utilizing this firm’s legal services to oversee my medical practice for over a year. Mr. Mullen and his staff are consistently professional, receptive, and incredibly helpful in making sure we maintain full compliance with the laws. We frequently call them with questions, and they provide us not only answers but also explanations & alternative/further options to optimize our practice’s efficiency and adherence to applicable requirements. I highly recommend this firm to any business looking for sound advice at reasonable rates. You will be glad you called. I certain am.

- Robert M

a year ago

- Amanda M

Texas Board Certified Employment Lawyer

Kevin S. Mullen is board certified in labor and employment law by the Texas Board of Legal Specialization and he’s been named a Texas Super Lawyer in Employment and Labor Law by Thomson Reuters since 2016. He represents a broad client base, including clients engaged in construction, oil and gas, health care, transportation, manufacturing, hospitality, retail, technology, sales, and other industries.

While Kevin considers himself an employment law generalist for whom no issue is too big or too small, his areas of interest and knowledge include the following:

+OSHA and Workplace Safety

+Employment discrimination (Title VII) +Employee handbooks, policies, procedures, and EEO training

+Non-compete agreements, unfair competition, and trade secrets

+The Americans with Disabilities Act

+Wage and hour issues

+The Age Discrimination in Employment Act

+The Family and Medical Leave Act

+Civil rights

+Employment torts

+Contract issues

+Whistleblower claims

+Architectural barriers / accessibility issues

Kevin’s employment practice is equal parts litigation and counseling. An experienced litigator in the state and federal trial courts, Kevin additionally defends private sector employers, individuals, non-profits, and governmental entities in private arbitrations and administrative proceedings. During the last several years, Kevin has successfully tried several matters, including a whistleblower/retaliation administrative proceeding for a national trucking company, two age discrimination arbitrations involving a well-known insurance carrier, a federal civil rights case against a school district in state court, a traditional labor arbitration involving a large healthcare provider, and two employment discrimination/tort arbitrations against a national automobile dealership chain. He also routinely appears in court and before private arbitrators on motions for summary judgment, motions to compel arbitration, motions to transfer venue, remand-related motions, injunctions, and other proceedings. Kevin has also represented clients in oral argument before the State Courts of Appeal and composed winning state and federal appellate briefs.

Kevin routinely counsels clients on pressing employment issues, such as terminations and suspensions, the enforcement of non-compete agreements, dealing with difficult employees, and handling disability accommodation and leave requests. He responds quickly to client inquiries and endeavors to provide clients with business-focused, concrete advice upon which they can make real-world management decisions. Kevin is a firm believer in addressing issues before they turn into lawsuits and in weighing the pros and cons, and costs and benefits of each option.

Kevin devotes significant attention to helping clients resolve OSHA matters. He counsels clients through OSHA investigations and has successfully challenged citations in administrative proceedings before the Occupational Health and Safety Review Commission.

With the substantial increase in wage and hour suits in the last decade, Kevin has developed proficiency in defending and defusing multi-plaintiff minimum wage and overtime suits, and he advises businesses on strategies for minimizing their risk of such claims. Kevin has successfully handled matters ranging from a few pest control technicians to hundreds of bus drivers.

Kevin also efficiently resolves claims brought against retailers, restaurants, and hotels under Title III of the Americans with Disabilities Act, which prohibits public accommodations and commercial facilities from discriminating against the disabled and regulates architectural barriers.

Kevin advises executives in assessing and negotiating employment agreements, non-compete agreements, and severance packages. He also provides selected representation of executives and employees in wrongful termination, non-compete, and other employment-related claims.

On-site investigation of employment- and compliance-related claims and preparation of independent reports is another area in which Kevin has expertise.

Before deciding to open his own law firm, Kevin spent eight years as an equity shareholder in the world’s largest labor and employment law firm representing management, and he co-founded its Austin office. As a newly-licensed attorney, Kevin was selected by then-Texas Attorney General (current-United States Senator) John Cornyn for membership in the Attorney General's Honors Program, Class of 2001. In that capacity, he defended the constitutionality of state programs and statutes and represented state agencies and employees in employment discrimination cases.