J. Marshall Horton

Marshall is a Board Certified Labor and Employment attorney that focuses his practice on representing employers in litigation involving restrictive covenants (including applications for injunctive relief), Title VII, Age Discrimination in Employment Act (ADEA), Americans with Disabilities Act (ADA), Fair Labor Standards Act (FLSA) (single plaintiff and collective action), Family & Medical Leave Act (FMLA), Worker Adjustment Retraining and Notification Act (WARN), Operational Safety and Health Administration (OSHA), National Labor Relations Act (NLRA), and Sarbanes Oxley and related retaliation issues. Marshall also provides employers with advice and guidance regarding day-to-day employment issues such as hirings, terminations, mass layoffs, employment agreements, policies, and compliance.

• Represented industrial manufacturer that experienced a workplace fatality through OSHA investigation and successful outcome with no employer liability
• Represented waste services employer with respect to theft of trade secrets and obtained injunctive relief
• Represented and defended various employers in the energy industry in multiple FLSA collective action lawsuits
• Represented and successfully defended through jury trial a manufacturer of drilling equipment against claims related to the overtime requirements of the FLSA
• Represented and obtained precedent-setting summary judgment on behalf of oil rig operators with respect to allegations of WARN Act violations
• Represented refinery in prosecuting theft of trade secret and breach of restrictive covenant claims
• Represented and defended a nationwide hotel chain against varied, and multiple, employment discrimination claims brought by employees
• Coordinated and handled interactions with the Department of Homeland Security regarding the I-9 audit of a manufacturer of well supplies
• Represented and defended a leading provider of remote heart monitoring services against claims related to discrimination and retaliation under the FMLA
• Coordinated and handled interactions with OSHA, and provided legal guidance with respect to investigating the cause of a catastrophe, and managing the administrative and judicial proceedings that followed

• Certified – Texas Board of Legal Specialization, Board Certified, Labor and Employment Law 
• Houston Bar Association, Labor and Employment Section