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Am Law 100 firm with practices in Business, Digital Assets and Data Management, Intellectual Property, Labor & Employment, Litigation and Tax.

Home | BakerHostetler

Analysis of Texas House Bill 21 – Property Tax Exemptions for Housing Finance Corporations Owning Affordable Housing

BakerHostetler Assists Hornblower Group with Travel + Leisure Partnership

BakerHostetler Team Advises Altaline Capital Management, LLC in Investment in Brazos Safety Systems, LLC

BakerHostetler Team Earns Litigator of the Week Runner-Up Honors for Gaining New Trial for Death Row Inmate

Peter represents employers across the country in state and federal courts, and before government agencies,&nbsp;in complex employment law matters. A BTI Client Service All-Star, Peter represents companies ranging from Fortune 100 companies to small businesses in a variety of industries with a consistent dedication to client service. He regularly defends employers across the U.S. in wage and hour cases, including collective actions under the Fair Labor Standards Act (FLSA) and class actions under state wage and hour laws. He also has extensive experience litigating cases involving misappropriation of trade secrets and restrictive covenants, including representing clients in matters involving requests for injunctive relief. Peter also represents&nbsp;employers in lawsuits in state and federal court involving claims of discrimination, harassment and retaliation, often involving allegations by and against C-suite executives and other high-level employees.

In addition to handling complex employment litigation matters, Peter provides strategic counsel on employment law issues, including drafting confidentiality and restrictive covenant agreements, and employment policies and agreements, as well as advising on employment law aspects of corporate transactions. With a reputation as a skilled, aggressive&nbsp;and effective litigator in the courtroom and&nbsp;a practical, business-focused counselor, Peter has established himself as a trusted advocate and advisor for clients.

core/freeform

J.D., University of Houston Law Center, 2006

B.B.A., University of Notre Dame, 2003

<ul>
<li>The Best Lawyers in America®
<ul>
<li>Texas: Employment Law &#8211; Management (2022 to 2025)</li>
</ul>
</li>
<li>BTI Client Service All-Star (2019)</li>
<li>The Legal 500 United States
<ul>
<li>Recommended in Labor and Employment Disputes (including collective actions) (2021)</li>
<li>Recommended in Workplace and Employment Counseling (2017 to 2018)</li>
</ul>
</li>
<li>Texas Super Lawyers
<ul>
<li>&#8220;Super Lawyer&#8221; (2024)</li>
<li>&#8220;Rising Star&#8221; (2010 to 2011, 2013 to 2020)</li>
</ul>
</li>
<li>Lawdragon, 500 Leading U.S. Corporate Employment Lawyers (2020 to 2025)</li>
</ul>

Houston

Dallas

Master Class in Labor Relations and Employment Law

BakerHostetler Attorneys from Dallas, Houston Offices Selected for The Best Lawyers in America®

5th Circuit: Motor Carrier Act Applies to Intrastate Transport of Goods in the Flow of Interstate Commerce

Texas Attorneys Earn Accolades from The Best Lawyers in America®

Wage and Hour Class Actions Team Wins Big for Dearborn Life Insurance in Overtime Pay Dispute

Employment Law Spotlight

5th Circuit Upholds Six-Month Contractual Limitations Period for Section 1981 Discrimination and Retaliation Claims

Noncompete and Trade Secret Issues in the Energy Industry

Ten Partners Recognized in Lawdragon “Leading Corporate Employment Lawyers 500” List

Texas Governor Issues Executive Order Limiting Employer Vaccine Mandates

Sharply Divided En Banc 5th Circuit Opines on Salary Basis Requirement for Day Rate Employees Under the FLSA

Employment Litigation and Arbitration

Employment/Wage and Hour Class Actions

Labor and Employment

Wage and Hour Compliance

Noncompete and Trade Secrets

Contingent Workforce

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Energy

<ul>
<li>Elizabeth Escobedo v. Ace Gathering, Inc. – Successfully argued and won Fifth Circuit appeal securing decision that Ace’s crude oil drivers were properly classified as exempt from the Fair Labor Standards Act’s overtime requirements under the Motor Carrier Act exemption. After winning the appeal before the Fifth Circuit panel, also successfully briefed and secured denial – in a 12-5 vote – of the plaintiffs’ Petition for Rehearing en banc.</li>
<li>Nicole Blackstone, et al. v. Dearborn Life Insurance Company – Secured complete summary judgment win finding that Plaintiffs and all opt-ins – who worked for Dearborn as Short Term Disability and Long Term Disability Claims Analysts – were properly classified as exempt from the overtime requirements of the Fair Labor Standards Act and Maine law under the administrative exemption. This was the first, and only, complete defense win of many similar overtime cases filed against employers in the STD and LTD industry claiming that they misclassified claims analysts as exempt.</li>
<li>Dwuan Hammond v. Sysco Corporation – Secured complete summary judgment win in federal court in Memphis in favor of Sysco as to 15-claim lawsuit brought by former high-level executive claiming he was discriminated against in being denied numerous promotions and then was terminated in retaliation for making a race discrimination complaint to Sysco’s CEO. Also, briefed the case and secured decision from the Sixth Circuit affirming denial of all of plaintiff’s claims.</li>
<li>Representing an inspection services company in the U.S. District Court for the Western District of Texas in connection with FLSA claims alleging salary basis issues based on an alleged day rate pay practice, as well as independent contractor misclassification claims.</li>
<li>Representing a geological well-site service company in the U.S. District Court for the District of Colorado in connection with an FLSA collective action involving claims alleging that the client improperly failed to include certain bonuses and shift differentials in calculating employees’ regular rates of pay.</li>
<li>Defending a hospital in connection with claims by former House Supervisor alleging that his employment was terminated due to alleged complaints related to alleged violations of law related to patient safety, in violation of Texas Health and Safety Code § 161.134.</li>
<li>Defended a home health care company in connection with claims that the company failed to include certain bonuses in calculating nurses’ regular rates of pay, and failed to include drive time between clients’ homes in calculating nurses’ hours worked, in violation of the FLSA.</li>
<li>Defended a hospital in connection with claims that it failed to include certain bonuses and shift differentials in calculating nurses’ regular rates of pay in violation of the FLSA.</li>
<li>Defended a home health care company in connection with claims that the company failed to properly pay nurses overtime in violation of the FLSA.</li>
<li>Represented an ambulance service in the U.S. District Court for the District of Idaho in connection with an FLSA collective action involving claims alleging that the client paid its employees a day rate and, thus, did not pay them on a salary basis under the FLSA.</li>
<li>Represented a national restaurant chain in the U.S. District Court for the District of Arizona involving claims that it did not properly comply with the FLSA’s tip credit provisions.</li>
<li>Representing a health insurance company in the U.S. District Court for the District of New Mexico in a class and collective action under the FLSA and New Mexico state law involving claims that the client misclassified is Medical Management Specialist position as exempt.</li>
<li>Representing a health insurance company in the U.S. District Court for the District of New Mexico in a class and collective action under the FLSA and New Mexico state law involving claims that the client misclassified its Member Care Coordinator position as exempt.</li>
<li>Representing a life insurance company in the U.S. District Court for the Northern District of Illinois in a class and collective action under the FLSA and Maine state law involving claims that the client misclassified its Claims Analyst positions as exempt.</li>
<li>Represented a national operator and franchisor of full-service dining restaurants in the U.S. District Court for the Western District of Texas in a matter involving claims that the client did not properly comply with the FLSA’s tip credit provisions.</li>
<li>Representing a restaurant chain provider in the U.S. District Court for the Southern District of Ohio in a class and collective action under the FLSA and Ohio state law involving claims that the client did not pay its non-exempt warehouse employees for time spent allegedly performing work “off-the-clock.”</li>
<li>Representing a food and restaurant supplies distributor in the U.S. District Court for the Northern District of Georgia in an FLSA collective action involving claims alleging that the client did not pay its non-exempt warehouse employees for time spent allegedly performing work “off-the-clock” and did not include certain incentives in calculating employees’ regular rates of pay.</li>
<li>Represented an oil and gas pipeline inspection company in the U.S. District Court for the Western District of Texas in connection with an FLSA collective action involving claims alleging that the client misclassified its inspectors and failed to pay them on a salary basis because it paid them an alleged day rate.</li>
<li>Represented an oil and gas pipeline inspection company in the U.S. District Court for the Western District of Oklahoma in connection with an FLSA collective action involving claims alleging that the client misclassified its inspectors and failed to pay them on a salary basis because it paid them an alleged day rate.</li>
<li>Represented a pipeline engineering and design company in the U.S. District Court for the Southern District of Texas in connection with an FLSA collective action involving claims alleging that the client misclassified its inspectors and failed to pay them on a salary basis because it paid them an alleged day rate.</li>
<li>Represented a security and investigative services company in the U.S. District Court for the Southern District of Texas in an FLSA collective action involving claims that the client failed to compensate its detention officers for certain time spent “off-the-clock” in security screenings, as well as certain work allegedly performed “off-the-clock” during lunch breaks.</li>
<li>Represented a staffing company in the U.S. District Court for the Southern District of Texas in connection with FLSA claims alleging that the client failed to pay the Plaintiff for overtime hours allegedly worked “off-the-clock.”</li>
<li>Represented an oil &amp; gas company in the U.S. District Court for the Southern District of Texas in connection with FLSA claims alleging that the client misclassified drilling consultants as independent contractors and failed to pay them overtime.</li>
<li>Represented an independent midstream energy company in the U.S. District Court for the Southern District of Texas in an FLSA collective action involving claims that the client jointly employed inspectors who provided inspection services on its projects through a third-party inspection company and, thus, misclassified those inspectors and failed to pay them overtime.</li>
<li>Represented a wholesale restaurant food distributor in the Ninth Judicial Circuit Court in and for Orange County, Florida in an FLSA collective action involving claims that the client misclassified its sales consultants as exempt during their training time and, thus, failed to pay them overtime for any overtime hours worked during their training time.</li>
<li>Represented a national staffing and consulting company in the U.S. District Court for the Southern District of Texas in an FLSA collective action involving claims that the client failed to include per diem amounts in calculating non-exempt employees’ regular rates of pay.</li>
<li>Represented an oil and gas service company in the U.S. District Court for the Western District of Pennsylvania in an FLSA collective action involving claims that the client misclassified rig and snubbing supervisors as exempt.</li>
<li>Represented a telecommunications service provider in the U.S. District Court for the Eastern District of Michigan in an FLSA collective action involving claims that the client misclassified field technicians as independent contractors.</li>
<li>Represented an employee services company in the U.S. District Court for the Northern District of Texas in an FLSA lawsuit alleging that the client failed to pay certain non-exempt employees overtime related to alleged “off-the-clock” work during on-call shifts.</li>
<li>Achieved favorable resolution for national call center employer in nationwide putative class and collective action involving alleged off-the-clock work.</li>
<li>Successfully defended putative company-wide FLSA collective action involving claims that pipeline company misclassified inspectors as independent contractors.</li>
<li>Secured favorable resolution for engineering firm in connection with two federal lawsuits involving employee raiding, trade secrets and breach of fiduciary duty claims.</li>
<li>Secured favorable resolution for insurance company in lawsuit involving claims of employee solicitation and contractual stock repayment obligations against departed executive. Case involved third-party subpoenas and complex privilege issues litigated in several federal courts around the country.</li>
<li>Successfully defended against putative company-wide exemption misclassification claims asserted against engineering and completions company in the oil and gas industry.</li>
<li>Achieved favorable resolution of lawsuit involving claims of race discrimination asserted by former executive of national food service company.</li>
<li>Secured judgment of both monetary and injunctive relief in favor of national food service company as a result of violation of noncompete covenant by former executive.</li>
<li>Favorably resolved company-wide FLSA putative collective action for demolition company involving claims alleging failure to properly pay overtime to drivers.</li>
<li>Defended national restaurant chain in nationwide FLSA putative collective action alleging tip credit violations.</li>
<li>Secured summary judgment, awarding damages and attorneys&#8217; fees, for insurance company in connection with claims to recover stock option gains from former executive as required under his stock option agreement based on his post-employment competition.</li>
<li>Defended staffing company in energy industry in connection with company-wide FLSA putative collective action alleging that it misclassified workers as independent contractors.</li>
<li>Defended energy commodity brokerage in connection with lawsuit alleging that it tortiously interfered with restrictive covenants of two brokers hired from a competitor.</li>
<li>Secured complete defense verdict for financial services company after four-day arbitration in case in which a former vice president asserted claims of gender and age discrimination.</li>
<li>Obtained summary judgment for technology company in an age discrimination case filed by an attorney attacking the hiring practices of the General Counsel&#8217;s office. The Fifth Circuit affirmed the summary judgment in a precedent-setting opinion.</li>
<li>Obtained temporary restraining order and permanent injunction for technology company against former employee who misappropriated trade secret and confidential information and went to work for a competitor.</li>
<li>Secured permanent injunction following first day of trial on behalf of oil field technology company based on claims that its former employee had misappropriated trade secrets.</li>
<li>Defended former employees of oil field services company in connection with claims of misappropriation of trade secrets.</li>
<li>Defended satellite television company in connection with putative FLSA collective action alleging that it misclassified satellite dish installers as independent contractors.</li>
<li>Defended homebuilding company in connection with national putative FLSA collective action challenging exempt status classification of certain employees.</li>
</ul>

Peter J. Stuhldreher

Peter J. Stuhldreher

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