Kevin is co-chair of the firm’s labor and employment team and co-chair of the firm’s Retail and Consumer Products Industry practice group. He has a national practice that focuses on complex employment litigation, employment advice and counseling, and labor relations.

In particular, Kevin has extensive experience representing clients 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. Kevin’s practice also includes evaluating and guiding employers regarding the use of artificial intelligence and technology in the workplace.

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 has litigated cases across the country and 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.

Bar Admissions

Education
JD, The University of Texas School of Law, Associate Editor, The Review of Litigation, 1999

BA, Austin College, summa cum laude, 1996

• 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.

• 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

• 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

• Gig Employer Hit with Background Check Class Action

  By Kevin White |April 2021

• The Evolving Landscape of Class Action and Collective Action Waivers in Arbitration Agreements for Retailers, Hunton & Williams 2015 Retail Industry Year in Review
• Avoiding Bias Risks in AI Hiring Technology, Risk Management Magazine
• California continues wave of artificial intelligence legislation, Daily Journal
• Lipnic’s EEOC: A Look Into The Future Through The Past, Law360
• Here’s What Houston Employers Need to Know About Using Artificial Intelligence in the Hiring Process, InnovationMap
• Supreme Court Clarifies ‘Undue Hardship’ Standard for Title VII Religious Accommodation Claims, National Law Journal
• AI in the Workplace: Are You Prepared?, SHRM
• Who's Exempt From Overtime Pay? Understanding the Revised White-Collar Exemptions, The Houston Lawyer
• Criminal Background Check Litigation on the Rise: What Employers Need to Know, Industry Association
• 4th Circ. Ruling Reveals 2 Layoff Pitfalls To Avoid, Law360
• Employment Implications of Marijuana Pardons, Risk Management Magazine
• Understanding California’s Proposed Bill on Joint Liability for Franchisors, QSR Magazine
• The EEOC & Artificial Intelligence: A Brief Primer for Retailers, Retail Industry 2021 Year in Review
• 3 key takeaways for 2024 from Biden’s AI executive order, HR Executive
• Lipnic’s EEOC: A Look Into The Future Through The Past, Law360
• Steps To Reduce Title VII Risks When Hiring With AI, Law360
• Employers Beware: The EEOC Is Monitoring Use of Artificial Intelligence, Illinois State Bar Association, Labor & Employment Law, vol. 59 no. 2
• 2023 Retail Industry Year in Review
• Hunton AI and Emerging Technologies Newsletter - Fall 2023
• 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
• AI Hiring Tools Could Draw Increased EEOC Scrutiny, Law360