Kevin J. White

Kevin J. White

Partner

Expertise

  • Labor and Employment
  • Complex Employment Litigation
  • ERISA Litigation
  • OSHA Compliance, Litigation and Defense

WSG Practice Industries

Activity

Hunton Andrews Kurth LLP
D.C., U.S.A.

WSG Leadership

ABA Group
Member
Profile

Kevin co-chairs the firm’s labor and employment team and has a national practice that focuses on complex employment litigation and employment advice and counseling.

In particular, Kevin has extensive experience representing clients in the retail and energy industries in discrimination class action litigation, governmental agency systemic discrimination investigations, and wage and hour litigation. Other significant aspects of his practice include conducting internal investigations, advising clients regarding executive contract issues, developing criminal background check programs, monitoring client personnel actions for evidence of disparate impact discrimination, assisting clients with Environmental, Social, and Governance (ESG) and Diversity, Equity and Inclusion (DEI) practices, and advising on labor relations strategies.

In addition, Kevin routinely advises nationwide employers on compliance with state and federal laws impacting the workplace. He is actively involved in preparing employer-employee policies and guiding some of the largest retail and energy companies through complex employment legal needs. Recently, Kevin has spent considerable time advising clients on issues related to coronavirus (COVID-19), including wage and hour, workplace safety, leave, and reduction in force laws and executive orders. 

As the labor and employment field continually evolves, Kevin’s practice also includes evaluating and guiding employers regarding the use and influence of artificial intelligence and technology in the workplace. He advises employers during the hiring and onboarding process while identifying potential discrimination concerns impacted by the use of new technology and automated screening.

Kevin serves on the Steering Committee of the firm’s Retail and Consumer Products Industry practice and as a member of its ESG practice.

During law school, Kevin was a law clerk for the Texas Third Court of Appeals, and following law school, he was a law clerk for the Hon. Harry Lee Hudspeth, Chief Judge, US District Court for the Western District of Texas. Kevin is admitted to practice before the US District Courts for the Southern, Western, and Eastern Districts of Texas, and the US Court of Appeals for the Fifth Circuit.

Relevant Experience

  • Represented large nationwide retailer in developing wage and hour and leave policies during national health pandemic.
  • Defended retailer against numerous claims of sexual harassment by executives.
  • Represented numerous employers in nationwide class actions alleging FCRA violations arising from use of criminal background checks.
  • Defended national retailer against claim that it did not comply with pay frequency requirements under New York law.
  • Defended international oil field services company against ERISA claims by an executive that he was entitled to benefits under a change in control plan.
  • Defended national retailer against claim that hiring assessment violates the ADA.
  • Defended oilfield services company in numerous FLSA collective actions.
  • Defended national retailer in several lawsuits by consumers claiming racial profiling.
  • Defended national retailer in EEOC nationwide systemic discrimination investigation of maximum leave policy under the ADA.
  • Defended international natural gas production company in multi-plaintiff case alleging ERISA violations.
  • Advised national retailer on anti-racial profiling policies and procedures.
  • Represented staffing agency in bringing claims against competitors and former employees for breach of noncompetition agreements and unfair competition.
  • Represented oilfield services and supply company in bringing claims against competitors and former employees for employee raiding and unfair competition.
  • Defended international waste services provider against claims by former executive under a key employee severance plan.
  • Defended national retailer in FLSA collective action alleging “off-the-clock” work.
  • Defended national retailer in class action alleging ERISA violations arising from the purported denial of medical benefits.
  • Defended national retailer in multiple FLSA collective action alleging employees were misclassified as exempt from overtime pay.
  • Defended regional financial services company in FLSA collective action alleging loan officers were misclassified as exempt from overtime pay.
  • Defended national restaurant chain in FLSA collective action alleging unlawful tip pooling.
  • Defended national retailer in multiple EEOC nationwide systemic discrimination investigation of use of criminal background checks under Title VII.
  • Defended national retailer in EEOC systemic discrimination investigations of gender pay and promotion practices under Title VII and the Equal Pay Act.
  • Defended international media and entertainment company against former executive’s claims of Sarbanes Oxley Act violations.
  • Defended international hotel chain against charges of unfair labor practices.
  • Defended national and regional employers in numerous single-plaintiff cases alleging violations of state and federal antidiscrimination and wage and hour statutes.
  • Conducted internal investigation of allegations that senior executive received kickbacks in exchange for awarding work to vendors.
  • Conducted internal investigation of allegations that offshore drilling company violated OSHA reporting requirements to win drilling contracts.
  • Conducted internal investigation of allegations that national waste services provider violated immigration laws.
  • Conducted internal investigation of allegations that executive of international oilfield services company violated health and safety policies.
  • Conducted numerous internal investigations of alleged harassment and discrimination by company executives.
  • Conducted investigation of nationwide retailer’s alleged failure to follow internal compliance procedures and protocols.

Bar Admissions

  • District of Columbia
  • Texas

Education

BA, Austin College, summa cum laude, 1996
Areas of Practice

Complex Employment Litigation | ERISA Litigation | Labor and Employment | Labor and Employment Emerging Technology | OSHA Compliance, Litigation and Defense | Retail | Unfair Competition and Employee Raiding | Wage and Hour Class Actions

Professional Career

Significant Accomplishments

  • Defended national retailer in EEOC nationwide systemic discrimination investigation of maximum leave policy under the ADA.
  • Defended international natural gas production company in multi-plaintiff case alleging ERISA violations.
  • Represented staffing agency in bringing claims against competitors and former employees for breach of noncompetition agreements and unfair competition.
  • Represented oilfield services and supply company in bringing claims against competitors and former employees for employee raiding and unfair competition.
  • Defended international waste services provider against claims by former executive under a key employee severance plan.
  • Defended national retailer in FLSA collective action alleging “off-the-clock” work.
  • Defended national retailer in class action alleging ERISA violations arising from the purported denial of medical benefits.
  • Defended national retailer in FLSA collective action alleging employees were misclassified as exempt from overtime pay.
  • Defended regional financial services company in FLSA collective action alleging loan officers were misclassified as exempt from overtime pay.
  • Defended national restaurant chain in FLSA collective action alleging unlawful tip pooling.
  • Defended national retailer in EEOC nationwide systemic discrimination investigation of use of criminal background checks under Title VII.
  • Defended national retailer in EEOC systemic discrimination investigations of gender pay and promotion practices under Title VII and the Equal Pay Act.
  • Defended international media and entertainment company against former executive’s claims of Sarbanes Oxley Act violations.
  • Defended international financial services company against executive's allegations of FMLA violations.
  • Defended international hotel chain against charges of unfair labor practices.
  • Defended national and regional employers in numerous single-plaintiff cases alleging violations of state and federal antidiscrimination and wage and hour statutes.
  • Conducted internal investigation of allegations that senior executive received kickbacks in exchange for awarding work to vendors.
  • Conducted internal investigation of allegations that offshore drilling company violated OSHA reporting requirements to win drilling contracts.
  • Conducted internal investigation of allegations that national waste services provider violated immigration laws.
  • Conducted internal investigation of allegations that executive of international oilfield services company violated health and safety policies.
  • Conducted numerous internal investigations of alleged harassment and discrimination by company executives.
  • Written and spoken on such topics as medical leaves of absence, overtime wages, record retention, employee discipline, internal investigations, and covenants not to compete.


Professional Associations

  • Fellow, Texas Bar Foundation 
  • Past President, Austin College “L” Association 
  • Past Member, Austin College Alumni Board 
  • Member, State Bar of Texas, Litigation and Labor & Employment Sections 
  • Member, American Bar Association, Litigation and Labor & Employment Law Sections 
  • Member, Houston Bar Association 
  • Past Co-chair, Houston Bar Association, Speakers Bureau Committee 
  • Past Co-chair, Houston Young Lawyers Association, Teen Civic Leadership Academy 
  • Past Member, College of the State Bar of Texas

Professional Activities and Experience

  • 2014 Recipient of Burton Award for Distinguished Legal Writing (Law Firm), Burton Foundation in association with the US Library of Congress.
  • Named, “Professional on the Fast Track,” H Magazine, 2007
  • Selected as a Rising Star, Law & Politics and Super Lawyers magazine, 2005-2006, 2008-2009. A description of the selection methodology can be found on Super Lawyers’ webpage.

  • Honored, Houston Bar Foundation, author of the outstanding legal article, “Who’s Exempt From Overtime Pay? Understanding the Revised White-Collar Exemptions,” The Houston Lawyer, 2006

Articles

Gig Employer Hit with Background Check Class Action
Hunton Andrews Kurth LLP, April 2021

Uber Technologies, Inc. has been sued in a class action lawsuit alleging the company’s use of criminal background checks discriminates against Black and Latinx drivers. The complaint, filed in the U.S. District Court for the Southern District of New York on April 8, challenges Uber’s “unlawful use of criminal history to discriminate against its drivers in New York City as well as its brazen noncompliance with human rights and fair credit laws...

Additional Articles

  • The Evolving Landscape of Class Action and Collective Action Waivers in Arbitration Agreements for Retailers, Hunton & Williams 2015 Retail Industry Year in Review
  • Lipnic’s EEOC: A Look Into The Future Through The Past, Law360
  • Who's Exempt From Overtime Pay? Understanding the Revised White-Collar Exemptions, The Houston Lawyer
  • Lipnic’s EEOC: A Look Into The Future Through The Past, Law360
  • Steps To Reduce Title VII Risks When Hiring With AI, Law360
  • EEOC guidance on criminal convictions and employer duty of care in negligence. Which prevails?, Thomson Reuters News & Insight
  • The Consideration of Arrest and Conviction Records in Employment Decisions: A Critique of the EEOC Guidance, Seton Hall Law Review Vol. 43 Issue 3