Shareholder 100 Congress Avenue Suite 1400 Austin, TX 78701 main: (512) 982-7250 direct: (512) 982-7253 fax: (512) 982-7248 kmullen@littler.com 2001 Ross Avenue Suite 1500, Lock Box 116 Dallas, TX 75201 main: (214) 880-8100 direct: (512) 982-7253 fax: (214) 880-0181 kmullen@littler.com Focus Areas Discrimination and Harassment Hiring, Performance Management and Termination Construction Workplace Safety and Health (OSHA & MSHA) Unfair Competition and Trade Secrets Overview Kevin S. Mullen is board certified in labor and employment law by the Texas Board of Legal Specialization. He represents a broad client base, including clients engaged in construction, automotive, retail, health care, transportation, manufacturing, hospitality, technology, sales, and other industries. While Kevin considers himself an employment law generalist for whom no issue is too big or too small, his areas of interest and expertise include the following: Employment discrimination (Title VII) The Americans with Disabilities Act The Age Discrimination in Employment Act The Family and Medical Leave Act Employee handbooks, policies, and procedures Civil rights Employment torts Contract issues Whistleblower claims Architectural barriers / accessibility issues Non-compete agreements Unfair competition 1
Workplace safety / OSHA Kevin s employment practice is equal parts litigation and counseling. An experienced litigator in the state and federal trial courts, Kevin additionally defends private sector employers, individuals, non-profits, and governmental entities in private arbitrations and administrative proceedings. During the last several years, Kevin has successfully tried several matters, including a whistleblower/retaliation administrative proceeding for a national trucking company, two age discrimination arbitrations involving a well-known insurance carrier, a federal civil rights case against a school district in state court, a traditional labor arbitration involving a large healthcare provider, and two employment discrimination/tort arbitrations against a national automobile dealership chain. He also routinely appears in court and before private arbitrators on motions for summary judgment, motions to compel arbitration, motions to transfer venue, remand-related motions, injunctions, and other proceedings. Kevin has also represented clients in oral argument before the State Courts of Appeal and composed winning state and federal appellate briefs. Kevin routinely counsels clients on pressing employment issues, such as terminations and suspensions, the enforcement of non-compete agreements, dealing with difficult employees, and handling disability accommodation and leave requests. He responds quickly to client inquiries and endeavors to provide clients with business-focused, concrete advice upon which they can make real-world management decisions. Kevin is a firm believer in addressing issues before they turn into lawsuits and in weighing the pros and cons, and costs and benefits of each option. Kevin devotes significant attention to helping clients resolve OSHA matters. He counsels clients through OSHA investigations and has successfully challenged citations in administrative proceedings before the Occupational Health and Safety Review Commission. He has developed a niche for efficiently resolving claims brought against his retail, restaurant, and hotel clients under Title III of the Americans with Disabilities Act, which prohibits public accommodations from discriminating against the disabled and regulates architectural barriers. Before joining Littler Mendelson, as a newly-licensed attorney, Kevin was selected by then-texas Attorney General (current-united States Senator) John Cornyn for membership in the Attorney General's Honors Program, Class of 2001. In that capacity, he defended the constitutionality of state programs and statutes and represented state agencies and employees in employment discrimination cases. Professional and Community Affiliations Member, Labor and Employment Law Section, Austin Bar Association Secretary, Labor and Employment Law Section, Dallas Bar Association, 2015 Treasurer, Labor and Employment Law Section, Dallas Bar Association, 2014 2
Recognition Named, Rising Star in Employment and Labor Law, Texas Super Lawyers Magazine/Texas Monthly, 2007-2015 Named, Super Lawyer in Employment & Labor Law, Texas Super Lawyers Magazine/Texas Monthly, 2016 Education J.D., Texas Wesleyan University School of Law, 2001 M.A., University of Texas, Dallas, 1999 B.A., University of Texas, Dallas, 1997 Bar Admissions Texas Courts U.S. Court of Appeals, 5th Circuit U.S. District Court, Northern District of Texas U.S. District Court, Eastern District of Texas U.S. District Court, Southern District of Texas U.S. District Court, Western District of Texas Publications & Press Managing the Risk of Workplace Violence Austin Lawyer June 2016 Littler to Open Office in Booming Austin Littler Press Release August 10, 2015 Strategies for Recognizing and Avoiding Workplace Violence Dallas Bar Association January 1, 2014 Employers Have New Weapon Against Stale OSHA Citations Littler ASAP March 14, 2013 3
Kevin S. Mullen Responds to Questions About Recent Amendments to the ADA Fair Employment Practices Guidelines December 14, 2009 Three Years Post-Sheshunoff: Where Are We Now? Headnotes November 2009 Ask the Expert: Q & A, Fair Employment Practices Guidelines November 2009 Speaking Engagements The Employee From Hell Austin, TX November 9, 2016 FMLA, ADA and Beyond: Current Leave and Accommodation Issues Austin, TX December 2, 2015 2015 Austin Labor and Employment Update Littler, Austin, TX September 15, 2015 Employment Law Update Dallas, TX May 20, 2014 Recognizing and Preventing Workplace Violence HR.com Webinar February 12, 2014 BYOG and the Workplace: Seven Proactive Protocols for Personnel Actions Bloomberg BNA Webinar January 15, 2014 Retail Employers and Guns in the Workplace August 12, 2013 4
Assess Systems and Littler present: Employee Selection, Development, and Performance Management Dallas, TX April 16, 2010 Books & Book Chapters Drafting and Enforcing Covenants Not to Compete, Bloomberg BNA, Associate Editor and Chapter Author, 2009 5