Austin J. Brayley

Associate

Houston
T +1.713.276.1690
F +1.713.751.1717

Overview

Austin Brayley’s employment litigation practice has earned the respect of company leaders and human resource professionals in numerous fields. His comprehensive understanding of labor and employment law facilitates litigation in federal and state courts and administrative practices before federal, state and local agencies, as well as counsel on compliance with employment laws. That substantial experience – in addition to Austin’s depth of knowledge – has benefited clients in the consumer retail, manufacturing, energy and oilfield services, and healthcare industries, among others.

Select Experience

  • Secured complete defense verdict in jury trial in U.S. District Court for the Southern District of Texas on claim for severance pay brought by C-Level officer against a software company.
  • 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.
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Experience

  • Secured complete defense verdict in jury trial in U.S. District Court for the Southern District of Texas on claim for severance pay brought by C-Level officer against a software company.
  • 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 more than 100 administrative discrimination charges filed with the U.S. Equal Employment Opportunity Commission, the National Labor Relations Board, 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 noncompetition,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.

Recognitions and Memberships

Memberships

  • 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

Prior Positions

  • U.S. Equal Employment Opportunity Commission: Legal Intern (2010)
  • Office of the Attorney General for the District of Columbia: Legal Intern, Civil Litigation Division (2009)

Admissions

  • U.S. Court of Appeals, Fifth Circuit
  • U.S. District Court, Eastern District of Texas
  • U.S. District Court, Northern District of Texas
  • U.S. District Court, Southern District of Texas
  • U.S. District Court, Western District of Texas
  • U.S. District Court, District of Maryland
  • Texas
  • District of Columbia
  • Maryland
  • Virginia

Education

  • J.D., George Washington University Law School, 2011
  • B.A., Brigham Young University, 2008

Languages

  • Spanish

Blog

In The Blogs

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Employment Law Spotlight
Groundbreaking Austin Paid Sick Leave Ordinance to Take Effect This Fall
By Austin J. Brayley
July 9, 2018
In February 2018, the City of Austin, Texas became the first major southern city in the United States to enact a private sector paid sick and safe leave ordinance. The ordinance, which takes effect on Oct. 1, 2018, for employers with five...
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