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About Jim

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.

Experience

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.

Credentials

Education

Duke University School of Law,
J.D.
1976
Ohio Wesleyan University,
Bachelor of Arts
1973
magna cum laude

Bar Admissions

Texas
District of Columbia

Certifications

Board Certified, Labor and Employment Law, Texas Board of Legal Specialization

Affiliations

State Bar of Texas
Texas Bar Foundation
Life Fellow
Federal Bar Association
National Council, Past Member
Federal Bar Association
San Antonio Chapter, Past President
San Antonio Human Resources Management Association
Past Officer; Board Member
YMCA of San Antonio
Board of Directors
American Heart Association
San Antonio Division, Chairman; San Antonio Division, Board of Directors
Canyon Lake Sailing Foundation
Board of Directors; Past Secretary

News

News

The Best Lawyers in America Recognize 74 Bracewell Attorneys

August 15, 2016
Best Lawyers, Woodward White, Inc.

Gay marriage ruling will impact employers

June 27, 2015
San Antonio Express-News

Don't Tell Me No!

May 22, 2015
Human Resource Executive - Online

Don't Tell Me No!

March 17, 2015
Human Resource Executive - Online

Ouch! Temporary Impairments Can Be Disabilities

March 3, 2014
Texas Apartment Association

Texas Super Lawyers 2013 Recognizes Thirty-Nine Bracewell Attorneys

August 19, 2013
Texas Super Lawyers, Thomson Reuters

To Post or Not to Post -- Are All Employee Facebook Comments Protected Under the NLRA

November 12, 2012
Texas Apartments (Texas Apartment Association)

Does Perfume Pass the Smell Test Under ADA?

September 12, 2012
News & Views (Texas Apartment Association)

Four Bracewell Attorneys Named 2013 Lawyers of the Year by Best Lawyers

September 11, 2012
Best Lawyers, Woodward White, Inc.

Best Lawyers in America Recognizes Eighty-Eight Bracewell Attorneys

August 23, 2012
Best Lawyers, Woodward White, Inc.

Inquiring Minds May Want To Know, But Employees Don't have To Tell

July 10, 2012
News & Views (Texas Apartment Association)

When It Comes to FMLA Leave, the Many May Care for the One

May 1, 2012
TAA News & Views (Texas Apartments Association)

Federal Court Rules on Question of Maternity Leave

March 1, 2012
Texas Apartments (Texas Apartment Association)

Something New at Your Office Today

June 21, 2010
KQXT-FM - Online

Noteworthy

Noteworthy

Fellow of the College of Labor and Employment Lawyers
2016
Chambers USA
Labor & Employment, 2011 - 2013
Woodward/White, Inc.
Best Lawyers
Employment Law - Management, 2013 - 2018; Labor Law - Management, 2003 - 2018; Litigation - Labor and Employment, 2018; San Antonio Lawyer of the Year, Employment Law, 2013
Thomson Reuters
Texas Super Lawyers
2003 - 2017
Scene Monthly LLC
Scene in SA
San Antonio's Best Lawyers, Labor and Employment Law, 2005 - 2007; San Antonio's Best Lawyers, Labor and Employment Law, 2014
Internet Brands, Inc.
Martindale-Hubbell® AV® Preeminent™ Rating

Events

Past Events

FMLA Webinar Series

March 20, 2014

Advanced Employment Law Course 2013

Dallas
January 17, 2013
January 18, 2013

Advanced Employment Law Course 2013

Dallas
January 17, 2013
January 18, 2013

AIRI 2012 Annual Meeting

Philadelphia
October 2, 2012