Brown McCarroll Attorneys at Law

W. Stephen Cockerham

Partner

Dallas

214-999-6167

Austin

512-479-1167

scockerham@brownmccarroll.com

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I've been a labor and employment attorney for more than 25 years. I enjoy developing long-term relationships with clients, which helps me understand their business, their goals, and their people so that I can provide the best advice for preventing employee issues and maximizing workforce productivity. The human element involved in advising employers on their employee issues has always held an interest for me, whether it is anticipating the impact an action may have on employees, or identifying the factors motivating an employee in bringing a claim against a client. These insights, combined with an understanding of the client’s business, enable me to tailor my advice. Outside of the office, I spend time with my wife and three daughters and volunteer on several charitable boards.
 

Stephen Cockerham is chair of the firm’s labor and employment practice group.

Legal Experience

• Advises clients on all employee issues, including discipline and discharge issues, and on proactive compliance with employment laws and regulations, including those on wage and hour; race, gender, harassment, and age discrimination; OSHA; background checks; Health Care Reform; USERRA, DOT; disability; medical leave; 1-9; independent contractor; and Davis Bacon.
• Advises clients on labor issues, including labor strategies, organization drives, negotiations, and disputes.
• Prepares employment, noncompetition, nondisclosure, nonsolicitation, and physician contracts.  Prepares employee handbooks, policies, codes of conduct, arbitration programs, compliance programs, and protection of trade secret programs.    
• Conducts training for management and HR professionals on avoiding employment lawsuits, compliance with employment laws, respect in the work place, effective supervision, and supervising a union workforce. 
• Defends employers in Federal and State courts, administrative law proceedings, and in labor arbitrations and governmental investigations on a full range of employment and labor  matters. 
• Prosecutes former employees and competitors for breach of noncompetition agreements, employment agreements, and fiduciary duties, and for theft of trade secrets and employee raiding.  Protects employers when hiring competitor employees.    

Industry Focus

• Health Care—15 years; Energy—24 years; and Manufacturing—24 years.

Specific Matters of Representation

• Works closely with client management, in-house counsel, and HR personnel concerning employee relations strategies, implementing policies and changing practices, and addressing employee issues.
• Works closely with client management and in-house counsel on labor strategies, negotiations, in-contract issues, employee discipline, grievances and labor disputes. Represents management before the NLRB and in labor arbitrations (lead counsel in over 60 arbitration cases).
• Represents clients regarding OSHA and safety-related matters, including the development of safety programs, OSHA response protocols, and defending clients in OSHA proceedings. 
• Represents hospitals and nursing homes on wage and hour and background check compliance; contract issues; discipline and discharge, issues and discrimination lawsuits.
• Advises clients on health care reform strategies and compliance.
• Represents medical groups and doctors related to contractual, noncompetition, employee, litigation, compliance, and privilege issues.   
• Assists clients in protecting their confidential information through employment agreements and trade secret policies, theft response protocols, directing computer forensics investigations, and pursuing injunctive relief and damages.
• Advises clients on wage and hour issues, including overtime compliance strategies and exempt/nonexempt classification issues, and represents clients before the Department of Labor and defends clients in litigation, including class actions.
• Advises clients and develops Corporate Compliance, Code of Conduct, and Employee Reporting Programs.  Assists and advises clients in responding to employee complaints and defending against whistleblower claims.
• Advises clients and draft agreements related to alternative staffing arrangements.
• Address various employment issues related to nuclear generation facilities, including advising on employment and labor issues, NRC matters and worker concerns; government investigations; reviewing RFI’s; training supervisors on NRC requirements; and defending against worker claims.
• Represent clients in federal and state administrative law contested cases and rulemakings.
• Engages in legislative activities on behalf of clients at the state and federal level, including meeting with state legislators and their staff, testifying at committee hearings, drafting legislative language and performing bill analysis regarding proposed employment, homeland security, antitrust and electricity deregulation legislation.
• Title VII case tried in Federal District Court in Denver, Colorado, jury verdict of no liability for client - August 2007.
• Trial on breach of fiduciary duty by former manager and tortious interference by a competitor, tried in Federal District Court, San Antonio, Texas, six figure judgment in favor of client - April 2008.

Education

• J.D., Baylor Law School, 1986
• Baylor University, 1980-1983

Professional Licenses

• Member, State Bar of Texas

Professional Memberships and Activities

• Member, American, Texas and Dallas Bar Associations

Court Admissions

• Admitted to practice: Fifth Circuit, Texas U.S.District Courts (Northern, Western and Eastern)

Speeches and Publications

• Co-Presenter, Background Checks — Doing Them Right, Brown McCarroll Webinar, November 16, 2011
• Author, The Texas Healthcare Record Blog - employment topics
• Speaker, How Healthcare Employers Can Avoid Employment Lawsuits, Brown McCarroll’s 9^th Annual Healthcare Conference, November 1, 2011
• Author, Know Before They Knock: Implement a Response Protocol Before an OSHA Inspector Arrives, Texas Lawyer, April 4, 2011
• Speaker, The Effect of Health Care Reform on Employers, Lorman Seminars, November 2010
• Speaker, Issues Arising From the Use of Contingent Workers, Lorman Seminar, October 2007
• Speaker, Ethical Issues in a Labor and Employment Law Practice, DBA Ethics Committee, Sept. 2007
• Speaker, Issues With The Use Of Contingent Workers, Texas Employment Law Council, June 2007

Community Involvement

• Advisory Board, Dallas Museum of Nature and Science
• Executive Board, City Square (formerly Central Dallas Ministries)
• Board, Ministries 101—a prison ministry
• Vice Chair, Board, Grace Place Properties—providing housing to ex-offenders
• Exceeded 100 hours of pro bono service annually 2006-2010

Honors

• The Pro Bono College of the State Bar of Texas, Admitted 2008
• Pro Bono Excellence Award, H&W, 2010