Jim Kizziar has devoted his law practice to the representation of management for labor and employment law issues for 41 years. Jim advises clients and all levels of management, including boards of directors, executives and human resources, regarding compliance with federal and state employment laws and local ordinances. His practice encompasses all aspects of employment law, including executive employment agreements, separation agreements, confidentiality, non-competition and non-solicitation agreements, developing and implementing voluntary exit programs and reduction in force plans and drafting employment policies, reviewing employee handbooks and conducting employment training for executives, managers and supervisors. Jim has also represented employers for over three decades for union campaigns and elections, representation proceedings, collective bargaining negotiations, contract administration and unfair labor practice charges.
In addition to advising clients, Jim advocates on their behalf in contested proceedings before federal and state courts and administrative agencies such as the Equal Employment Opportunity Commission, U.S. Department of Labor, the National Labor Relations Board and various state and local agencies. Jim's litigation practice encompasses discrimination actions, wrongful discharge claims, employment class actions, FLSA actions, employment tort claims and constitutional law issues for church organizations. He also represents clients in union-related and employment arbitrations. As part of Jim's litigation practice, he regularly mediates employment claims settlement. Jim represents corporate entities, institutions and not-for-profit organizations in diverse industries.
Recent Notable Matters
Southeastern Conference of Seventh-Day Adventists — employment fraud and conversion lawsuit against employers and volunteers; received $2.4 million trial verdict. Southeastern Conference of Seventh-Day Adventists v. Ronald Jean-Baptise, et al.
REXAM Beverage Can Americas — arbitration and mediation of over 100 union grievances
Enterprise Rent-A-Car Company — multiple EEOC-directed charge investigations and class action lawsuits filed by EEOC alleging age discrimination in hiring; successful negotiations of claims
Clarke American — administrative claims and lawsuits alleging discrimination; obtained dismissal of claims through summary judgment
Publications and Speeches
"Employment Law Retaliation in the Digital Age," Corporate Compliance Insights, July 14, 2017
"OSHA Obligations in Crisis Situations: Is Your Facility Prepared?," Westlaw Journal, October 2016.
"Legal Review of Labor & Employment and Immigration Developments," North America Division of Seventh Day Adventist Church, April 2016.
"Getting Along: The Difficult Intersection Between Mental Health, Intellectual Disabilities, and Accommodation in Employment" Texas Apartment Association, 2015.
"Ten Employer New Year’s Resolutions: Implementing Lessons Learned from 2014," Bloomberg BNA, 2015.
"Conducting Internal Investigations: It’s More Than You Think," Texas Apartment Association, 2015.
"Department of Labor Proposed Changes to Employee Exemption Standards: Which of Your Employees Would Be Affected?," Texas Apartment Association, 2015.
“Strategic Perspectives — Making Room for Fido at Work: Animals in the Workplace as Reasonable Accommodations,” Wolters Kluwer Employment Law Daily, February 5, 2015.
"Recent Developments Under the National Labor Relations Act (NLRA) and Their Significant Impact on Non-Union Research Workplaces," AIRI 2012 Annual Meeting, October 2, 2012.
"Developments in Disability Discrimination Law," Texas Bar CLE – 20th Annual Advanced Employment Law Course, Dallas, January 26, 2012.
Board Certified, Labor and Employment Law, Texas Board of Legal Specialization